This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Did the appellant have a reasonable excuse for submitting the appeal late?

By Andrew Needham, January 2025

Summary 

The appellant applied for permission to bring a late appeal against an assessment for £103,009 of VAT, plus interest. The dispute arose in the context of the long-running Rank Group litigation concerning the VAT treatment of gaming machines. This litigation included a judgment of the Supreme Court, which was released in July 2015 (HMRC v Rank Group plc [2015] UKSC 48). 

Background 

The appellant first made a claim for overpaid VAT in 2006. Reflecting the different stages of the Rank Group litigation, HMRC first refused the claim, then (in 2013) paid the amount claimed. At the same time as making this payment, HMRC issued a ‘protective assessment’ that was intended to enable them to recover that sum if the Rank Group litigation went in HMRC's favour in the higher courts. 

The appellant repaid the disputed VAT to HMRC in 2014, following the Court of Appeal'

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Did the appellant have a reasonable excuse for submitting her returns late?
By Andrew Needham, December 2024
Was the sale of passes to visitors to London a voucher and therefore outside the scope of VAT at the time of issue or the sale of a ticket which was standard-rated at the time of issue?
By Andrew Needham, October 2024
Did the appellant have a reasonable excuse for issuing a zero-rating certificate in error?
By Andrew Needham, April 2021
Was the appellant making exempt supplies of insurance?
By Andrew Needham, January 2021
Was the input tax on legal fees incurred for the purposes of the business?
By Andrew Needham, September 2020