HMRC Can Assess Tax On Trust For Errant Refund, Court Says

Law360 (July 23, 2020, 6:19 PM EDT) -- HM Revenue & Customs can assess value-added tax erroneously refunded to a National Health Service trust, a U.K. appeals court said Thursday, in a ruling that will allow the agency to collect tax from the trust.

The Milton Keynes Hospitals NHS Foundation Trust wasn't entitled to a refund on VAT paid for information technology equipment, the Upper Tribunal's Tax and Chancery Chamber said, upholding the opinion of a lower court that found HMRC had a well-defined right to assess the tax. 

The tribunal was unconvinced by the trust's argument that it wasn't a taxable person under European Union and U.K. VAT regulations...

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