Summary 

This was an appeal from the First-tier Tribunal (FTT) to the Upper Tribunal against a decision that a repayment supplement was not payable relating to the purchase of properties by the appellant on the grounds that HMRC’s enquiries had been made within the ‘relevant period’. 

Background 

The appellant purchased Toys "R" Us Properties Limited (TRUP) for £1 and subsequently transferred 27 properties to it. This resulted in a repayment claim of £71,170,729.68. The sum of £71,084,816.43 was allocated by HMRC to TRUP's VAT account on 21 December 2018, following a request for ‘offset’ by TRUP and the appellant and the remaining amount of £85,913.25 was authorised for repayment to Bollinway on 21 December 2018. 

The appellant claimed repayment supplement of £3,554,240.82, being 5% of the sum of the £71,084