Rory Cochrane (Devereux Chambers) reviews a recent High Court judgment which was a partial success for a stamp taxes group litigation test claimant.
In Jazztel v HMRC [2017] EWHC 677 (reported in Tax Journal 21 April 2017) the High Court partially allowed claims brought by Jazztel Plc (Jazztel) for restitution of payments of stamp duty reserve tax (SDRT) it made to the HMRC under the SDRT tax regime which was subsequently found to be unlawful under EU law. Perhaps most importantly the case clarifies that the applicable limitation period for claims for restitution of tax based on mistaken payments made after 8 September 2003 is six years from the date of the mistaken payment. However for mistaken payments made before that date time for limitations purposes only start to run when the claimant ‘has discovered the…mistake…or could with reasonable diligence have discovered it’. The judgment also...
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Rory Cochrane (Devereux Chambers) reviews a recent High Court judgment which was a partial success for a stamp taxes group litigation test claimant.
In Jazztel v HMRC [2017] EWHC 677 (reported in Tax Journal 21 April 2017) the High Court partially allowed claims brought by Jazztel Plc (Jazztel) for restitution of payments of stamp duty reserve tax (SDRT) it made to the HMRC under the SDRT tax regime which was subsequently found to be unlawful under EU law. Perhaps most importantly the case clarifies that the applicable limitation period for claims for restitution of tax based on mistaken payments made after 8 September 2003 is six years from the date of the mistaken payment. However for mistaken payments made before that date time for limitations purposes only start to run when the claimant ‘has discovered the…mistake…or could with reasonable diligence have discovered it’. The judgment also...
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