In P Doherty and another v HMRC [2016] UKFTT 672 (11 October 2016) the FTT struck out the taxpayers’ appeal on the basis that prime assessments which turned out to be substantially incorrect had been made to best judgment.
The appellants had failed to submit VAT returns for the five consecutive periods from 09/07 to 09/08 inclusive. HMRC had therefore assessed the VAT for those periods. Some years later the assessments had been withdrawn upon receipt by HMRC of the appellants’ VAT returns for the relevant periods. There had been an overpayment of VAT of £20 971.51 and a claim for repayment was made. HMRC refused to credit the overpaid amount on the basis that each of the returns had been submitted more than four years after the end of the prescribed accounting period (VATA 1994 s 80(4)). The taxpayers appealed and HMRC applied...
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