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The European Court of Justice has ruled that taxpayers that are unwittingly part of carousel fraud are entitled to reclaim value-added tax (VAT) from the transactions. Carousel fraud refers to where a trader in a series of deals doesn't declare the VAT to the tax authorities or takes over another trader's VAT number. The verdict came in the joined cases of Optigen, Fulcrum Electronics and Bond House Systems v Commissioners of Customs and Excise. Read the judgement here

Diana Hickey and Margreet Nijhof have become partners in Baker & McKenzie's tax practice in the San Francisco/Palo Alto office Hickey is an corporate international tax planning specialist. Nijhof focuses on domestic and international tax planning with an emphasis on corporate reorganizations and restructurings as well as transfer pricing.

Bernhard von Thaden, formerly a partner with KPMG's transfer pricing practice in Los Angeles, has joined DLA Piper Rudnick Gray Cary's office in the same city as a senior economist. He will be part of the global transfer pricing practice

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Sixth VAT Directive; Article 2(1), Article 4(1) and (2) and Article 5(1); Deduction of input tax; Economic activity; Taxable person acting as such; Supply of goods; Transaction forming part of a chain of supply involving a defaulting trader or a trader using an unauthorised VAT number; Carousel fraud;

Sixth VAT Directive – Article 2(1), Article 4(1) and (2) and Article 5(1) – Deduction of input tax – Economic activity – Taxable person acting as such – Supply of goods – Transaction forming part of a chain of supply involving a defaulting trader or a trader using an unauthorised VAT number – Carousel fraud.

Directive 69/335 – Indirect taxes on the raising of capital – National rules taxing a (subsidiary) company by way of capital duty in respect of a contribution made by its parent company (the grandparent company) in favour of its subsidiary (a sub-subsidiary company) – Capital duty – Increase of capital – Payment ‘to the share premium account’ – Increase in the assets of the company – Increase in the value of shares – Provision of services by a member – Payment made by a member of a member – Payment to a subsidiary – ‘Real recipient’ – Levying of capital duty once only (in the Community) – Article 52 of the EC Treaty (now, after amendment, Article 43 EC) – Freedom of establishment – National practice exempting a (subsidiary) capital company from taxation only if its subsidiary (sub-subsidiary company) is also established in that member state.

Eric Hilfers has become a partner in the tax department of Cravath, Swaine & Moore. His practice focuses on executive compensation and employee benefit matters, principally in connection with M&A and other business transactions

Claim for Repayment of Tax; VAT paid in error; VAT Act 1983 Sch 2; samples treated as desupplied; Time limit for claims;

Fintan Clancy has become a partner of Arthur Cox, an Irish law firm