[2015] UKFTT 0495 (TC)

[The appeal against this decision is reported at [2017] BTC 520.]

Judge Kevin Poole; Ruth Watts Davies

Decision released 6 October 2015

Corporation tax – Taxability of VAT repayment and associated simple interest – Whether Shop Direct Group v R & C Commrs [2014] BTC 11 decision correct in the light of EU law – Whether VAT repayment and interest payment could be characterised, by virtue of EU law, as falling due under the English law of restitution – Whether application of principles of restitution should prevent HMRC from recovering corporation tax referable to VAT repayment and interest – Appeal dismissed.

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