TaxCorporate TaxM&S to fight on after French tax defeat

M&S to fight on after French tax defeat

Retailer loses long-standing battle over French losses, but looks set to fight on over Belgian and German losses

Marks & Spencer has lost its tax battle over an attempt to claim losses
incurred in its French subsidiary.

As some predicted at the time of the ECJ ruling in December, Galeries
Lafayette, which bought M&S’s loss-making French business, had used the
losses.

The ECJ had ruled that companies could claim group relief for losses incurred
where there was no possibility of them being used elsewhere.

Mr Justice Park, who heard the case in the High Court, said yesterday that
the retailer is still pursuing a claim for German and Belgian losses, which
should be sent back to a specialist tax tribunal to be considered.

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