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VAT Repayment Dispute: Bollinway vs. HMRC

  • The Upper Tribunal (UT) upheld the decision of the First-tier Tribunal (FTT) regarding Bollinway Properties Limited’s VAT repayment claim.
  • Bollinway sought a 5% repayment supplement from HMRC on a £71 million input tax claim for property purchases.
  • Although Bollinway submitted its VAT return on time, HMRC delayed authorization of the repayment.
  • The dispute centered on whether HMRC’s request for additional documents justified the delay.
  • The UT agreed with the FTT that HMRC’s request was reasonable, and Bollinway’s failure to provide necessary property transfer documents promptly invalidated their claim for repayment supplement.
  • This case underscores the challenges of obtaining repayment supplements from HMRC, which were discontinued in 2023.

Source Grant Thornton

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