In Trustees of the BT Pension Scheme v HMRC (A3/2013/1211 – 17 January 2014) the issue was whether TMA 1970 s 43 – which imposes time limits on claims – applies to claims made by the Trustees of the BT Pension Scheme (BTPS) under ICTA 1988 s 231 for repayments of ACT on foreign dividends. If it does subject to community law many of those claims are time barred.
Firstly Lord Justice Lewison agreed with the UT and found that a claim for repayment of ACT is a claim within s 43. The fact that set-off can be automatic does not alter the analysis.
Secondly again agreeing with the UT Lord Justice Lewison held that a claim for payment of tax credit is a claim for relief as it is a claim ‘in order to reduce the amount of tax’ which the taxpayer would...
