“…(Case C-277/09) [2011] STC 345). The reason, as the court explained in that case at paras 51-52, is that this is a choice inherent in a scheme of taxation that is designed to be fiscally neu…”
“… which the CJEU has held that the principle of abuse of law was not engaged is Case C-277/09, Revenue and Customs Commissioners v RBS Deutschland Holdings GmbH [2011] STC 345, on a reference from the Inner House of the Court of Session. In that case, a UK bank (RBS) chose to use its German subsidiary (RBSD) to enter into transaction…”
“… and effect is to allow the deduction of input tax without the payment of output tax: Revenue and Customs Comrs v RBS Deutschland Holdings GmbH (Case C-277/09) [2011] STC 345. The reason, as the court explained in that case at paras. 51-52, is that this is a choice inherent in a scheme of taxation that is designed to be fiscally neu…”