London School of Accountancy and Management Limited v Revenue and Customs: FTTTx 6 Aug 2022

VALUE ADDED TAX – taxpayer in liquidation as an education provider – no refund of course fees to students made – output VAT repayment claim pursued – Article 90 of the Principal VAT Directive – whether there was ‘a reduction in the taxable amount’ – Regulation 38 of the VAT Regulations 2005 – conditions set in transposing Article 90 within Member States’ margin of discretion – procedural and evidential requirements not met – in the alternative, a claim under s 80 VATA 1994 subject to the defence of unjust enrichment and time limit – appeal dismissed

Citations:

[2022] UKFTT 239 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 14 September 2022; Ref: scu.680658