GBGA won’t take no for an answer

Two weeks ago High court Judge Sir Nicholas Green ruled to dismiss the GBGA’s challenge of the new 15% Point of Consumption Tax rate (PoC Tax) .  They chose not to appeal this decision and instead are seeking a judicial review which will allow them the opportunity to refocus their arguments on why they do not believe this tax should be implemented.

They argue that the tax “breaches Article 56 on the treaty on the Functioning of the European Union (TFEU) in that it amounts to a restriction on the free movement of services. that restriction cannot be justified under Article 52 TFEU, since the new tax regime ha been introduced in pursuit of an illegitimate aim.”

tax-comic

Will they get shot down again?

Even if this does not overturn Sir Green’s initial decision, it could at least delay the implementation of the new tax rate – just as the last appeal managed to do; delaying the implementation of the new 15% tax rate from 1st October to 1st November.

It could also challenge the ruling that states that the last appeal made by the Gibraltar-based group was invalid due to Gibraltar being exempt from certain EU treaties and not being part of the EU’s custom union or VAT area.

Two Little Fleas promise to keep you up to date on this as the story continues.

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