Jeremy Woolf of Pump Court Tax Chambers discusses claims by customers against their suppliers for overpaid VAT
Over the last ten years a lot of attention has focused upon suppliers' rights to recover overpaid tax from HMRC. In particular there has been litigation about the validity of the three-year cap and the extent to which HMRC can rely upon principles of unjust enrichment to refuse claims to repay tax.
Far less attention has been given to customers' rights to recover sums that have been incorrectly paid on account of VAT to their suppliers. Such claims have different legal foundations from claims by suppliers against HMRC since they are common law claims as opposed to statutory claims. They are also subject to different limitation periods.
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Jeremy Woolf of Pump Court Tax Chambers discusses claims by customers against their suppliers for overpaid VAT
Over the last ten years a lot of attention has focused upon suppliers' rights to recover overpaid tax from HMRC. In particular there has been litigation about the validity of the three-year cap and the extent to which HMRC can rely upon principles of unjust enrichment to refuse claims to repay tax.
Far less attention has been given to customers' rights to recover sums that have been incorrectly paid on account of VAT to their suppliers. Such claims have different legal foundations from claims by suppliers against HMRC since they are common law claims as opposed to statutory claims. They are also subject to different limitation periods.
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
