Brexit: UK's Supreme Court to hear arguments in December

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Brexit: UK's Supreme Court to hear arguments in December

Supreme Court

The UK’s highest court will convene on December 5 to hear the government's arguments against allowing MPs to vote on triggering Brexit. Debate over the best way to exit the European Union has multiple implications for tax and transfer pricing.

The UK's 11 Supreme Court justices will begin hearing four days of arguments starting December 5 to decide whether Parliament should have a say before the UK invokes Article 50 of the Lisbon Treaty, triggering formal EU withdrawal talks. The court’s ruling is expected to be delivered in 2017.

Prime Minister Theresa May has indicated she expects to start exit talks by the end of March but there has been confusion about whether May has the authority to proceed unilaterally after the High Court ruled last week that Parliament should have a say before the UK invokes Article 50.

The decision on how and when to leave the European Union could have two significant impacts on the transfer pricing environment in the UK: freedom from the relevant EU Directives, and movement of companies or financial and other assets, either into or out of the UK.

Multinationals will need to consider how the changes made during the exit negotiations affect their transfer pricing. In particular, companies will need to examine the impact of the UK no longer being subject to EU Directives and how assets and companies can be moved into, or out of, the UK.

“Depending on market sentiment after a Brexit, relative confidence in the UK economy may cause companies to move their assets or operations to or from the UK,” according to corporate finance adviser Duff & Phelps.

The transfer pricing implications and requirements that could include the following:

  • Debt capacity and interest rate reviews for new investments;

  • Comparison of alternative intellectual property (IP) holding jurisdictions, IP valuation and transfer and royalty rate reviews;

  • Supply chain reviews including risk allocation and centralisation of high value functions; and

  • Resolution of existing transfer pricing audits or litigation.

more across site & shared bottom lb ros

More from across our site

In the first of a two-part series on capital v revenue in R&D, Jayne Stokes explores these key concepts and where UK companies need to tread carefully
Magnus Pantzar is set to join as managing director after spending nearly a decade as EQT’s global head of tax
The OECD’s project was up for debate as Matt Williams spoke to ITR following BDO’s tax strategist survey, which uncovered increased complexity and costs among multinationals
Sponsored by Deloitte
Sameer Nurmohamed, partner, Deloitte Legal Canada
Sponsored by Deloitte
George Ankomah, partner, Tax & Regulatory Services, Deloitte Africa (Ghana)
The recent spree of firm mergers and acquisitions proves that geographic scale is the name of the game
The big four spin-off firm becomes Taxand’s second UK member; in other news, Haynes Boone launched a UK tax practice
Sponsored by Deloitte Luxembourg
Jean-Michel Henry and Mona El-Begawi of Deloitte Luxembourg examine the complexities created by timing differences in Luxembourg, EU, and OECD tax regimes
Stephanie Pantelidaki’s economic expertise will give Norton Rose Fulbright’s other teams ‘extra firepower,’ she says
Sponsored by MFA Legal & Tech
Samuel Fernandes de Almeida of MFA Legal & Tech assesses whether Portugal’s 7.5% surcharge on non-residents aligns with the EU’s free movement of capital principle and passes the proportionality test
Gift this article