Skatteforvaltningen v Solo Capital Partners LLP and SKAT Tax Refund Scheme Litigation: Convergent views on Dicey’s Revenue Rule from the UK and US courts

Cum/Ex dividend trades involved tax authorities in certain states (Denmark and Germany) paying out withholding tax payments more than once in respect of the same share and dividend. Civil actions were taken by the Danish tax authority, SKAT, to recover this money in both the UK and the US, This article discusses the preliminary defence against this claim, which was based on Dicey's Revenue Rule, a principle that a state will not enforce the tax laws of another state.