Penny Hamilton Barrister Pump Court Tax Chambers tracks the developing law of unjust enrichment
The concept of unjust enrichment leapt into UK VAT law in 1989 when Finance Act 1989 s 24 made specific provision for the recovery of overpaid VAT. Section 24(3) which was re-enacted as VATA 1994 s 80(3) provided that it was a defence to a claim for repayment of overpaid VAT that 'repayment of an amount would unjustly enrich the claimant'. It has since been followed by similar provisions for insurance premium tax landfill tax air passenger duty aggregates levy and climate change levy. But what exactly does 'unjustly enrich' mean? Was the statutory draughtsman playing his usual trick of taking a well-known concept from another sphere of the...
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Penny Hamilton Barrister Pump Court Tax Chambers tracks the developing law of unjust enrichment
The concept of unjust enrichment leapt into UK VAT law in 1989 when Finance Act 1989 s 24 made specific provision for the recovery of overpaid VAT. Section 24(3) which was re-enacted as VATA 1994 s 80(3) provided that it was a defence to a claim for repayment of overpaid VAT that 'repayment of an amount would unjustly enrich the claimant'. It has since been followed by similar provisions for insurance premium tax landfill tax air passenger duty aggregates levy and climate change levy. But what exactly does 'unjustly enrich' mean? Was the statutory draughtsman playing his usual trick of taking a well-known concept from another sphere of the...
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If you do not subscribe but are a registered user, please enter your details in the following boxes:
