In Southern Cross Employment Agency Ltd v HMRC (TC03228 – 17 January 2014) the tribunal had to decide whether a valid compromise agreement had been entered into between HMRC and the taxpayer and what its implications were.
Southern Cross had made a Fleming claim under VATA 1994 s 80 for repayment of VAT paid in the years 1993 to 1997. Southern Cross contended that it had entered into a valid compromise agreement with HMRC in relation to its claim prior to the decision in Moher [2012] STC 1356 – as a result of which Southern Cross was not entitled to a repayment.
The tribunal accepted that the exchange of correspondence between HMRC and the taxpayer had amounted to a ‘meeting of minds’ under contract law and that therefore a compromise agreement had been entered into.
Furthermore the agreement was intra vires as HMRC had been...
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