VAT focus – GMAC and the recovery of VAT on bad debts

Speed Read: The First Tier Tax Tribunal recently ruled in the case of GMAC UK plc v HMRC, that certain restrictions (namely the insolvency and property requirements) formerly applied to bad debt relief claims in the UK were not compatible with EU law. Furthermore, the three (now four) year cap on retrospective VAT claims cannot be applied to these circumstances. The decision therefore paves the way for businesses to potentially make uncapped bad debt relief claims for the period between 1 January 1978 and 19 March 1997.