The flood of Fleming-claims shows no signs of abating. David Southern examines the legal issues
The flood of Fleming-claims shows no signs of abating. ‘Fleming-claims’ are claims to recover overpaid output tax incurred in accounting periods ending before 4 December 1996 or under-recovered input tax incurred in accounting periods ending before 1 May 1997.
The statutory scheme (VATA 1994 ss 78 80 and SI 1995/2518 reg 29) provides for repayment of:
output VAT paid in error;
repayable input VAT incurred but not recovered; and
in both cases simple interest.
The statutory claim only takes a taxpayer so far. The question is does he have additional claims enforceable in English law based on the law of restitution?
The issues
The issues which are all inter-related are:
Are Fleming-claims restitutionary in nature? Do the claims fall as a matter of EU law under the...
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The flood of Fleming-claims shows no signs of abating. David Southern examines the legal issues
The flood of Fleming-claims shows no signs of abating. ‘Fleming-claims’ are claims to recover overpaid output tax incurred in accounting periods ending before 4 December 1996 or under-recovered input tax incurred in accounting periods ending before 1 May 1997.
The statutory scheme (VATA 1994 ss 78 80 and SI 1995/2518 reg 29) provides for repayment of:
output VAT paid in error;
repayable input VAT incurred but not recovered; and
in both cases simple interest.
The statutory claim only takes a taxpayer so far. The question is does he have additional claims enforceable in English law based on the law of restitution?
The issues
The issues which are all inter-related are:
Are Fleming-claims restitutionary in nature? Do the claims fall as a matter of EU law under 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:
