Winding up and the jurisdictions of the Companies court and the FTT
In HMRC v Changtel Solutions UK [2015] EWCA Civ 29 (28 January 2015) the Court of Appeal found that the Companies Court should have considered a winding-up petition even though a tax appeal was pending.
The issue was whether when there is both an appeal against a VAT assessment pending in the FTT and a winding-up petition pending in the Companies Court the FTT or the Companies Court is the appropriate forum to determine whether the appeal (against the debt represented by VAT assessments) has a real prospect of success.
HMRC contended that the company had purportedly entered into a small number of extraordinary high value export transactions each month to reduce its VAT liability.
When deciding whether the Companies Court should have deferred to the FTT the court observed that the...
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Winding up and the jurisdictions of the Companies court and the FTT
In HMRC v Changtel Solutions UK [2015] EWCA Civ 29 (28 January 2015) the Court of Appeal found that the Companies Court should have considered a winding-up petition even though a tax appeal was pending.
The issue was whether when there is both an appeal against a VAT assessment pending in the FTT and a winding-up petition pending in the Companies Court the FTT or the Companies Court is the appropriate forum to determine whether the appeal (against the debt represented by VAT assessments) has a real prospect of success.
HMRC contended that the company had purportedly entered into a small number of extraordinary high value export transactions each month to reduce its VAT liability.
When deciding whether the Companies Court should have deferred to the FTT the court observed that the...
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If you do not subscribe but are a registered user, please enter your details in the following boxes:
