VAT windfall

My sole trader client has recently received a ‘Fleming’ rebate from HMRC for £30 000. This relates to VAT overpaid on zero-rated sales between 1991 and 1997.

Readers will recall that the case of HMRC v M Fleming (t/a Bodycraft) [2008] STC 324 determined that the three-year time limit laid down by VAT Regulations SI 1995 No 2518 Reg 29(1A) should be treated as invalid under European Community law since no transitional period for claims had been allowed. This followed the decision in Marks & Spencer plc v CCE (No 4) [2002] STC 1036.

My problem is that I am now confused about how to deal with the money for direct tax purposes. If the full amount is included in the 2010/11 accounts it will be subject to 40%...