In Greater Glasgow & Clyde Health Board v HMRC [2015] UKFTT 119 (13 March 2015) the FTT dismissed an appeal against HMRC’s refusal to make a repayment under a Fleming claim.
The case concerned a Fleming claim calculated by reference to an extended period of 20 years from April 1974 to March 1994.
It was accepted that a substantial amount of input tax was repayable. The issue was merely computational. The FTT noted that marginal alterations of arithmetical formulae could result in very substantial changes in the net amounts calculated as repayable. Therefore although the areas of dispute were limited their implications in value were significant.
The FTT stressed that its jurisdiction was a ‘full’ jurisdiction; the determination of the sum repayable by HMRC. It could not therefore limit itself to a review of principles leaving aside the arithmetical aspects for finalisation.
The...
