Jurisdiction & Remedies on FII GLO

For a taxpayer who has overpaid tax as a result of legislation which is defective under EU Law two possible routes exist to seek recovery. The first is the Tax Tribunal a creature of statute with powers to amend assessments to VAT or tax for open periods. The second is the High Court with the power to grant relief for closed periods and broader remedies in damage and restitution. The decision is not a simple one since each route may be exclusive from the other and a disconnection exists between the requirement to select one route at the outset which is determined largely by factors outside of the taxpayer's control and the remedy required to give effective relief. Matters have been further complicated by the judgment...