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Iveco v HMRC

In Iveco v HMRC (TC03141 – 6 December 2013) the issue was whether a claim for repayment of VAT wrongly paid was time barred. The claim related to the payment of bonuses to purchasers of commercial vehicles – which amounted to reductions of the price paid.

The Sixth VAT Directive article 11C(1) provides for a retrospective adjustment to the taxable amount where there has been a price adjustment after the time of supply. The UK did not give effect to article 11(C) until 1 January 1990 in the 1989 regulations (SI 1989/2248 reg 7) superseded by the 1995 VAT regulations (SI 1995/2514 reg 38). Finally FA 1989 s 24 (the precursor of VATA 1994 s 80) provided for a time-limit for repayment claims HMRC therefore argued that Iveco’s claim was time-barred.

The tribunal pointed out that the time limit in s 80 could only apply...

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