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Recovery of tax and penalties wrongly paid

16 January 2018 / Keith M Gordon
Issue: 4631 / Categories: Comment & Analysis

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  • When might restitution apply to recover tax?
  • Common law rights may be superseded by statute.
  • EU principles are not easily overridden.
  • TMA 1970 Sch 1AB displaced common law rights.
  • A penalty must be determined by an HMRC officer.

As tax practitioners we are trained to focus on the statute to determine the correct tax outcome for any specific situation. Of course the statute (or the facts) might be too opaque to allow the determination to be given with any level of certainty but the starting point is clear. However it is important not to lose sight of the fact that tax law is simply one cog in a wider legal system. Indeed a system that is to a great extent not...

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