Old Square Tax Chambers

This Practice Note is about the right to interest on repayments of overpaid tax, whether under a statutory regime, the common law of restitution, or EU law (including retained EU law). It covers direct taxes and VAT. This Practice Note also discusses the corporation tax charge on restitution interest, and historic EU law rights to damages in respect of tax overpaid before 31 December 2020. This Practice Note was produced in partnership with Etienne Wong and Shane O’Driscoll of Old Square Tax Chambers.

This Practice Note is about the rights of a person who has overpaid tax to recover that amount under the common law of restitution. It covers Woolwich claims and mistake-based claims, and the related rules on limitation periods. It also covers the particular issues that arise on the application of the law of restitution to overpaid VAT. This Practice Note was produced in partnership with Etienne Wong and Shane O’Driscoll of Old Square Tax Chambers.

This Practice Note is about the statutory provisions regulating the recovery of overpaid tax. In the case of direct taxes, it covers overpayment relief. In the case of VAT, it covers the rules applying to a taxable person who has either paid too much output tax or recovered too little input tax. This Practice Note was produced in partnership with Etienne Wong and Shane O’Driscoll of Old Square Tax Chambers.