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Cards on the table
Key points
- The Realreed case concerns a judicial review claim brought on the basis that HMRC visits created a legitimate expectation that the taxpayer was applying the correct VAT treatment.
- Realreed’s downfall in this case was mainly that it had failed to ask HMRC for assurance as to its VAT position during the visits as well as a perceived ‘windfall’ as a result of applying the incorrect VAT treatment for over 25 years.
- To gain certainty about their tax position at or following an HMRC inspection taxpayers should put all their cards face up on the table keep records and even request a ruling if necessary.
The higher courts have issued several judicial review decisions recently many of them considering legitimate expectation as the main grounds for review. While there are notable successes many cases have been unsuccessful illustrating the challenges in...
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