In RT Rate Ltd v HMRC [2020] UKFTT 392 (TC) (20 October 2020) the FTT found that it did not have jurisdiction to consider and give effect to the EU law principle of legitimate expectation and that the taxpayers’ remedy for any breach of that principle should be pursued by way of judicial review.
The case concerned claims to recover overpaid VAT in relation to demonstrator cars. The 1997 decision in Commission v Italy (Case C-45/95) established that sales of demonstrators should have been exempt from VAT whereas previously UK law had treated them as taxable. Motor traders were therefore entitled to make claims for repayment of VAT going back to 1973.
HM Customs & Excise (as it then was) accepted that traders would not have kept sales records dating back that far so produced tables known as the ‘Italian tables’ on which claims...
.tmb-editorspic.jpg?sfvrsn=df04ab27_1)
