The Court of Appeal’s decision in HMRC v Burlington Loan Management DAC provides important clarification on the interpretation of double tax treaty anti-avoidance provisions.

In an article for International Tax Review, Matthew Greene and Guy Bud examine the ruling, which confirms that treaty benefits are not abusive where transactions are commercially driven and consistent with the treaty’s object and purpose. The judgment offers greater certainty for taxpayers and practitioners applying ‘main purpose’ anti-avoidance tests in cross-border transactions.

Read their article, originally published by International Tax Review, here.