Shop Direct Group v Revenue and Customs: CA 11 Mar 2014

The company sought to challenge the assessment to corporation tax of a very large repayment of VAT, together with an even larger amount of interest.
Held: The appeal failed.

Rimer, Briggs LJJ, Sir Stanley Burnton
[2014] EWCA Civ 255
Income and Corporation Taxes Act 1988 103 106
England and Wales
At FTTTxShop Direct Group and Others v Revenue and Customs FTTTx 14-Feb-2012
FTTTx Corporation tax – receipts of payments in respect of overpaid VAT and statutory interest – whether VAT repayments trading receipts – whether payments in respect of supplies made in discontinued trades . .
At UTTCShop Direct Group, Littlewoods Retail Ltd and Others v HMRC UTTC 19-Apr-2013
UTTC Corporation Tax: Effect of receipt by trader or successor to trade of sums in respect of VAT repaid under s80 VATA to representative member of VAT group plus interest paid under s78 VATA. Question of . .
Appeal fromShop Direct Group and Others v HM Revenue and Customs ChD 19-Apr-2013
. .
CitedThe National Provident Institution v Brown (Surveyor of Taxes) HL 3-Jun-1921
The House was asked (inter alia) whether discounts on certain Treasury Bills could be subject to taxation, on a preceding year basis, for a year in which the taxpayer did not hold or have any transactions in the relevant securities.
Held: The . .
CitedBennett v Ogston (HM Inspector of Taxes) HL 30-Apr-1930
Income Tax, Schedule D, Case III – Instalments on moneylender’s promissory notes – Whether such part of instalments falling due after the death of the lender as did not represent repayment of capital was assessable as interest under Case III – . .

Cited by:
Appeal fromShop Direct Group v Revenue and Customs SC 17-Feb-2016
The Court considered the interpretation of the sections which applied corporation tax to post-cessation receipts. Companies had received from the Inland Revenue substantial repayments of VAT together with interest. There had been reorganisations of . .

Lists of cited by and citing cases may be incomplete.

Corporation Tax

Updated: 01 December 2021; Ref: scu.522298