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The VAT briefing for March 2015

In this month’s briefing, Lee Squires and Fiona Bantock (Hogan Lovells) examine three recent VAT decisions that matter: Investment Trust Companies, G B Housley and NEC; as well as HMRC’s guidance on the implications of Skandia on UK grouping provisions.

ITC: restitutionary claims against HMRC

The Court of Appeal (CA) has given an important judgment in
Investment Trust Companies (in liquidation) v HMRC
[2015] EWCA Civ 82 (reported in Tax Journal 20 February 2015) on whether customers (who have borne the burden of overpaid VAT) have a direct remedy against HMRC based on the domestic law of restitution.

The claimants were investment trust companies (ITCs) that
had been wrongly charged VAT...

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