Ben Elliott and Arthur Wong (Pump Court Tax Chambers) explain why there are grounds for optimism for taxpayers seeking to rely on rectification as a potential means of resolving disputes with HMRC.
The equitable remedy of rectification on the grounds of mistake is an indispensable one in the field of tax. Where a document had been entered into which fails to achieve the tax outcome desired advisers should always consider rectification and/or rescission. These remedies are available as part of the High Court’s equitable jurisdiction to relieve parties of the unintended consequences of their mistakes including fiscal consequences.
Taxpayers will primarily want to consider whether to make an application to the court under CPR Part 8. However the decision of the Supreme Court in National Union of Rail Maritime and Transport Workers and another v Tyne and Wear [2024] UKSC 37 (RMT) (on appeal from the...
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Ben Elliott and Arthur Wong (Pump Court Tax Chambers) explain why there are grounds for optimism for taxpayers seeking to rely on rectification as a potential means of resolving disputes with HMRC.
The equitable remedy of rectification on the grounds of mistake is an indispensable one in the field of tax. Where a document had been entered into which fails to achieve the tax outcome desired advisers should always consider rectification and/or rescission. These remedies are available as part of the High Court’s equitable jurisdiction to relieve parties of the unintended consequences of their mistakes including fiscal consequences.
Taxpayers will primarily want to consider whether to make an application to the court under CPR Part 8. However the decision of the Supreme Court in National Union of Rail Maritime and Transport Workers and another v Tyne and Wear [2024] UKSC 37 (RMT) (on appeal from the...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
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