Unjust enrichment

Produced by a Tolley Value Added Tax expert
Value Added Tax
Guidance

Unjust enrichment

Produced by a Tolley Value Added Tax expert
Value Added Tax
Guidance
imgtext

This guidance note provides information about unjust enrichment.

Unjust enrichment ― overview

‘Unjust enrichment’ is a phrase used in the VAT legislation to describe a situation whereby a supplier profits by charging an amount of VAT that is not due (strictly speaking it is not VAT) and obtains a refund from HMRC, by repayment of or credit for the amount charged which should not have been charged. In this situation, the supplier receives the amount twice ― once from the customer(s) and once from HMRC. To prevent such a situation arising, HMRC may invoke the defence of unjust enrichment. The defence of unjust enrichment is not limited to situations where a supplier has charged an amount of VAT that is not due in error, not realising that the supply qualified for a lower rate of VAT or was exempt from VAT. The defence of unjust enrichment can apply in other situations, for example if HMRC policy or the VAT legislation is found to be incorrect.

Reasons for charging VAT that is not due include HMRC or

Continue reading the full document
To gain access to additional expert tax guidance, workflow tools, generative tax AI, and tax research, register for a free trial of Tolley+™
Powered by Tolley+

Popular Articles

Research and development expenditure credit (RDEC)

Research and development expenditure credit (RDEC)This guidance note provides information on how research and development expenditure credits (RDEC) are calculated and utilised. The Qualifying expenditure for R&D tax relief guidance note provides information on what expenditure qualifies for

14 Jul 2020 13:24 | Produced by Tolley in association with Will Sweeney Read more Read more

Tax implications of administration and liquidation

Tax implications of administration and liquidationThis guidance considers the tax implications of a company going into administration or liquidation.Introduction to company administration and liquidationCompany going into administrationA company which is in financial difficulty may go into

14 Jul 2020 15:29 | Produced by Tolley Read more Read more

Classes of NIC and who pays them

Classes of NIC and who pays themClass 1 NICClass 1 NIC is payable on earnings paid to an employed worker which derive from, or are treated as deriving from, an employed earner’s employment in the UK. There are two kinds of Class 1 NIC, primary contributions for which the employee is liable and

Read more Read more