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Estop’s Fables
Key points
- This case was not about VAT recovery but about whether having already been assessed for an overclaim of VAT and having appealed the assessment but then withdrawn that appeal TTSL could revisit the matter.
- The appeal in the Upper Tribunal was a clear win for HMRC.
- A crucial concept in this case is the equitable doctrine of ‘estoppel’.
- On estoppel consider the case Vistry Homes Ltd [2023] UKFTT 906 (TC).
- Telent highlights matters of potentially huge practical significance for taxpayers making appeals.
In Aesop’s fable of the ‘Fox and the Goat’ an unlucky but wily fox falls into a well and finds himself unable to escape. However a thirsty goat approaches the well and the fox having successfully tricked the goat into getting into the well leaps out on the other animal’s back. The poor goat is...
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