- Upper Tribunal ruled that a taxpayer cannot claim a VAT refund on investment management services if they had previously withdrawn an appeal for the same amounts
- Claim is prevented by both issue and cause of action estoppel
- VATA 1994 s.85 states that when an appeal is settled or withdrawn, it is treated as if the tribunal had determined the appeal on that basis
- HMRC not prevented from raising estoppel argument, even if they initially indicated they would not use it as a defense
- Taxpayer’s withdrawal of appeal prevents them from claiming VAT refund on investment management services
Source: simmons-simmons.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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