VAT cap stays after M&S defeat
The Treasury breathed a sigh of relief this week, after Customs successfully defeated an attempt by Marks & Spencer to overturn its three-year cap on VAT refunds.
The landmark case, which looks certain to set a precedent, effectively scuppers any plans by other companies to challenge Customs’ authority to set the rule.
Government officials were concerned that hundreds of millions of pounds of VAT under dispute would need to be paid back if Customs had lost the battle to keep the capping arrangements in place.
VAT tribunal chairman, Stephen Oliver QC, ruled the three-year cap should stay, after he stated that European directives could not be used to override rules determined in the UK. Customs said it hoped companies would now accept the rule during disputes over VAT refunds.
The decision is a blow to M&S, which claimed its statutory rights under EC law had been violated. It wanted to reclaim VAT going back 21 years related to the sale of teacakes in its shops and the sale of gift vouchers going back to 1991.
The retailer, which was represented by Deloitte & Touche, had wrongly charged VAT on these products. It said it was owed #272,000 for the teacakes and #900,000 for the vouchers that fell outside the three-year period.
After a six-day hearing, Oliver ruled over-payments of tax had not resulted from ‘violations of enforceable Community rights’.
The numbers you crunch tell a story. Your expertis...
26yEmbracing user-friendly AP systems can turn the tide, streamlining workflows, enhancing compliance, and opening doors to early payment discounts. Read...
View articleOrganisations can enhance their financial operations' efficiency, accuracy, and responsiveness by adopting platforms that offer them self-service cust...
View articleIn a world of instant results and automated workloads, the potential for AP to drive insights and transform results is enormous. But, if you’re still ...
View resourceDiscover how AP dashboards can transform your business by enhancing efficiency and accuracy in tracking key metrics, as revealed by the latest insight...
View articleGlobal spend on accountancy outsourcing up by 40% in the space of five years. News comes as accountancy outsourcing specialist AdvanceTrack reports en...
View articleFollowing a profitability review, Deloitte has decided to scale back its UK deals business due to lower returns. This strategic shift could lead to jo...
View articleUK-based Dow Schofield Watts (DSW), a mid-market professional services network, announced the creation of a new division called DSW Principal Partners...
View articleEY has been undergoing significant cost-cutting measures and streamlining its operations since the abandonment of Project Everest. The firm has made t...
View articleTransitioning from an accounting firm to a consultancy model is only one part of the puzzle. The next, equally vital piece is making the market aware ...
View articleThis framework, while providing a top-line view, underscores the importance of strategic vision, operational excellence, and the spirit of continuous ...
View articleLooking ahead, the Big 4 firms face a challenging year, with ongoing cost-of-living concerns, slow economic growth, rising geopolitical tensions, and ...
View articleLast month it was reported that Deloitte would be cutting approximately 1,200 jobs in the United States, making it the latest of the Big Four accounti...
View article