The Supreme Court has held that a customer overcharged VAT by a supplier will not, generally, have a restitutionary right to recover that overcharged VAT from HMRC. Nick Skerrett and Gary Barnett (Simmons & Simmons) analyse the decision.
In its latest milestone judgment the Supreme Court has held that a consumer does not generally have a right to recover VAT which it has overpaid to its supplier directly from HMRC and cannot therefore sidestep the four year limitation period in VATA 1994 s 80(4): HMRC v The Investment Trust Companies [2017] UKSC 29 (reported in Tax Journal 21 April 2017).
Following a lengthy review of the principles of unjust enrichment the court considered that the principle of unjust enrichment does not provide a customer with a general restitutionary right to repayment directly from HMRC as the relationship between customer and HMRC is too indirect. Furthermore the court considered that...
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The Supreme Court has held that a customer overcharged VAT by a supplier will not, generally, have a restitutionary right to recover that overcharged VAT from HMRC. Nick Skerrett and Gary Barnett (Simmons & Simmons) analyse the decision.
In its latest milestone judgment the Supreme Court has held that a consumer does not generally have a right to recover VAT which it has overpaid to its supplier directly from HMRC and cannot therefore sidestep the four year limitation period in VATA 1994 s 80(4): HMRC v The Investment Trust Companies [2017] UKSC 29 (reported in Tax Journal 21 April 2017).
Following a lengthy review of the principles of unjust enrichment the court considered that the principle of unjust enrichment does not provide a customer with a general restitutionary right to repayment directly from HMRC as the relationship between customer and HMRC is too indirect. Furthermore the court considered that...
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:
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