Q&As

Do you include the VAT element in a debt claim when issuing the letter of claim and claim form?

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Published on LexisPSL on 07/10/2020

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Do you include the VAT element in a debt claim when issuing the letter of claim and claim form?

This Q&A considers the scenario where A has a claim against B which is a debt claim for the payment for good/services supplied by A to B and where those goods/services attract VAT:

  1. should A include the VAT in their letter of claim and/or claim form when seeking payment of the debt from B?

  2. does it make any difference to the above if only either A or B is VAT registered (as opposed to both being VAT registered)?

  3. if the VAT element should be claimed, should the ‘statement of value’ required in the claim form be expressed net or inclusive of VAT (bearing in mind that this will affect the issue fee payable)?

  4. is the position different if the claim is for damages, rather than a debt?

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