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When can HMRC withhold a tax repayment, and – as the Supreme Court hears the arguments in the Cotter case – are the department’s views correct?
KEY POINTS
- Revenue & Customs Brief 28/13 sets out when HMRC believe they can withhold a tax repayment.
- In Cotter the taxpayer sought to satisfy one year’s liability with a freestanding credit for the following year.
- Was HMRC’s enquiry under TMA 1970 s 9A or Sch 1A?
- The limitations on HMRC’s power to withhold under TMA 1970 s 59B.
- Will HMRC unilaterally remove freestanding credits from statements of account in future?
HMRC’s considered policy with regard to “repayment claims” in what the department would label “avoidance cases” was set out in Revenue & Customs Brief 28/13 which was issued in September 2013.
This brief has been a long awaited document HMRC having promised it in the aftermath of the Court of Appeal’s...
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