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

User-friendly digital tax filing systems, transformative AI deployment, and the continued proliferation of DSTs will define 2026, writes Ascoria’s Neil Kelley
Case workers are ‘still not great’ but are making fewer enquiries, making the right decision more often and are more open to calls, ITR has heard
There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
They are alleging that leaked tax information ‘unfairly tarnished’ their business operations; in other news, Davis Polk and Eversheds Sutherland made key tax hires
Overall revenues for the combined UK and Swiss firm inched up 2% to £3.6 billion despite a ‘challenging market’
In the first of a two-part series, experts from Khaitan & Co dissect a highly anticipated Indian Supreme Court ruling that marks a decisive shift in India’s international tax jurisprudence
The OECD profile signals Brazil is no longer a jurisdiction where TP can be treated as a mechanical compliance exercise, one expert suggests, though another highlights 'significant concerns'
Libya’s often-overlooked stamp duty can halt payments and freeze contracts, making this quiet tax a decisive hurdle for foreign investors to clear, writes Salaheddin El Busefi
Eugena Cerny shares hard-earned lessons from tax automation projects and explains how to navigate internal roadblocks and miscommunications
Gift this article