Boake Allen (or NEC Semi-Conductors) : non-discrimination, advance corporation tax, tax treaties and the free movement of capital

This note considers the important decision in Boake Allen given by the House of Lords (and the judgments in the lower courts) in relation to the application of the non-discrimination articles of tax treaties to domestic law limitations on relief from advance corporation tax in respect of dividends paid by resident subsidiaries to non-resident parent companies, the implementation of tax treaties in domestic tax law, and the free movement of capital provisions of the EC Treaty.