VAT – Historic claims
HMRC have added a new webpage which will be of interest to taxpayers who have submitted historic VAT claims. The webpage acts as a repository for all published indirect and direct tax guidance relating to these ‘Fleming’ claims.
The title of the guidance mentions only Fleming claims, however the documents will be of interest to any business that has made historic VAT claims. These claims can date back as far as the introduction of VAT in 1973. The deadlines for submitting these claims have now passed. The last major deadline concerned ‘Fleming’ type claims expired on 31 March 2009.
There is however still a large number of claims which are outstanding and the guidance may assist taxpayers understand issues that arise in discussions and correspondence with HMRC. These issues can include looking at the way the claim was calculated, claims by partnerships, claims by companies’ no longer in business, entitlement to statutory and compound interest and liability of claims to corporation tax and income tax.
HMRC have also previously said that they will look at invoking the argument of ‘unjust enrichment’ especially where payment of an original capped claim had been reduced.
The new webpage can be accessed on HMRC’s website at www.hmrc.gov.uk/thelibrary/fleming-claims.htm