- HMRC and Mr. Poulton are in a dispute over VAT repayment.
- Mr. Poulton seeks repayment of incorrectly charged VAT.
- The dispute centers around the principle of effectiveness in EU law.
- The court previously ruled that third-party claimants can claim VAT repayment even if the taxable person is insolvent.
- HMRC argues that this right is removed after the UK’s withdrawal from the EU.
- The court considered EU law and the UK’s withdrawal.
- The court concluded that the principle of effectiveness no longer applies.
- The court ruled that Mr. Poulton’s claim is statute-barred and dismissed.
- The case highlights the challenges of a country leaving the EU.
Source: bailii.org
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
