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HMRC v MG Rover Group Ltd; Standard Chartered plc v HMRC

Entitlement to repayment and groups

In HMRC v MG Rover Group Ltd; Standard Chartered plc v HMRC [2016] UKUT 434 (19 October 2016) the UT found that VATA 1994 s 43 required as permitted by the Principal VAT Directive art 4(4) repayment rights under VATA 1994 s 80 to be held only by the representative member both before and after the relevant trader had left the group or the group had been dissolved.

The decisions of the FTT in Standard Chartered plc v HMRC; Lloyds Banking Group plc v HMRC [2014] UKFTT 316 and MG Rover Group Limited v HMRC BMW (UK) Holdings and Rover Company Limited v HMRC [2014] UKFTT 327 turned on the interaction between the grouping provisions in VATA 1994 s 43 when a company moved into or out of a VAT group and the entitlement to repayment under...

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