31 January 2022

A Limited v Commissioner of Taxation

The Supreme Court of the Falkland Islands has released its anonymised decision in this case concerning the scope of the oil ring-fence.

Laura Poots acted for the Falkland Islands Commissioner of Taxation. Laura Ruxandu (led by Julian Ghosh QC) acted for the appellant.

The appellant provided a crewed emergency response and rescue vessel to the operators of an offshore drilling unit.  The Supreme Court concluded that the appellant’s activities amounted to a ring-fence trade, upholding the decision of the Tax Appeal Tribunal.  The Supreme Court also addressed the application of the double tax treaty between the UK and the Falkland Islands, concluding that the provisions in issue were not discriminatory.

The decision can be found here.