Summer 2008 Newsletter
Content
After U, Gordon?
Ups And Downs
Gift Horse
What A Relief!
Second Thoughts?
Last One Out...
Penalty Shoot-Out
Ain't Necessarily So
Going, Going, Gone
Papers In Order?
Death And Taxes
Passing The Buck
Hire Higher
Back Taxes, Taxes Back
Options Open
Extortion?
Sick Note
Cats And Dogs
Old-Fashioned Money
I Thee Endow?
Mother's Rights
Countdown
Nowhere To Hide
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Back Taxes, Taxes Back
In 1996 Customs tried to introduce a rule to restrict claims to recover overpaid VAT to the last three years' worth. That's been held to be a reasonable rule going forward, but they tried to apply it to existing claims at the time: before they announced the "cap", you could reclaim VAT overpaid all the way back to the introduction of the tax - the next day, you had instantly lost the right to most of that.
At the end of a large number of arguments that have been running ever since, the House of Lords and the European Court have both held that this was unlawful behaviour by the Government. People's rights can't be taken away arbitrarily without giving them a last chance to claim. HMRC have now accepted defeat and are allowing that last chance - although for many people it is a little late. If you still have the paperwork and the energy, you can claim up to 31 March 2009 for output VAT overpaid up to 4 December 1996 or input tax underclaimed up to 30 April 1997.
It's all a long time ago, but if you think this might affect you - for example, if you made a claim in the past and the cap was applied to it - we will be happy to advise you.
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