The First-tier Tribunal has upheld claims by the taxpayers in the test cases in the Post Prudential Closure Notice Applications and Appeals Group Litigation [2021] UKFTT 459 (TC).
The eight test cases (which involved seven investment funds and one general insurer) were selected from over 100 closure notice applications and over 100 appeals made by taxpayers who had sought to recover corporation tax levied contrary to EU law. The principal issues concerned whether the taxpayers had made valid statutory claims to give effect to their EU law rights within the applicable statutory time limits.
The Tribunal concluded in each of the eight test cases that valid and in-time claims had been made with the result that the claims succeeded.
Jonathan Bremner QC appeared for the Claimants.
A copy of the Decision is available here.