- Mistake of law and overpaid higher rate SDRT (Jazztel v HMRC)
- Original news
- What are the practical implications of this decision?
- What was this case about?
- Why did Jazztel base its restitutionary claim on a mistake of law?
- What did Jazztel need to prove to establish a mistake of law?
- What were the main legal arguments arising?
- What did the High Court decide?
- Jazztel's mistake of law continued until 18 March 2009
- Restricted time limit applied to payments made after 8 September 2003
- Case details
Tax analysis: The High Court agreed with the taxpayer, Jazztel, that it had a mistake of law claim in respect of its payments of the higher rate of stamp duty reserve tax (SDRT) in respect of issues of shares. In respect of those higher rate SDRT payments that were made on or before 8 September 2003, the High Court agreed with Jazztel that it could recover them despite the existence of the time limit in section 320 of the Finance Act 2004 (FA 2004).
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