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Brief sets out HMRC position following GMAC.
Revenue and Customs Brief 1/2017: VAT – historical bad debt relief claims sets out HMRC’s position on claims for historical bad debt relief after the Court of Appeal’s judgments in British Telecommunications v CRC [2014] STC 1926 and CRC v GMAC UK plc [2016] EWCA Civ 1015.
A summary follows but for details see here.
The litigation concerned the bad debt relief legislation that existed between 1978 and 1997. The Court of Appeal decided that it was too late to make claims under the scheme that pre-dated 1 April 1989.
The outcome of the litigation is that:
- claims relating to bad debt relief on any supplies made before 1 April 1989 will be refused; and
- claims relating to supplies of goods made between 1 April 1989 and 19 March 1997 will be paid subject to satisfactory evidence that the bad debts...
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