M & S finally to get VAT refund on teacakes!
M & S was in a VAT payment position (that is, it owed HMRC money after deducting the VAT it paid from the VAT it charged). Prior to 2005, the UK tax authorities treated “payment” and “repayment” businesses differently in relation to unjust enrichment. This was found to be discriminatory and contrary to the EU principles of fiscal neutrality and equal treatment.
The European Court has referred the case back to the House of Lords in the UK for a final judgement.
Date: 15th April, 2008
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