Firms are set for a possible tax-back bonanza following an
overpayments row about interest rates.
But it could yet take years to resolve, says Denis Holly,
Midlands VAT director for accountants and business advisers Horwath
Clark Whitehill.
Currently, when a business has overpaid VAT, HM Revenue &
Customs will only pay simple interest for the period it has been
incorrectly holding it.
Mr Holly said: "This has been a festering sore as simple
interest does not give an adequate measure of the commercial cost
to a business of not having the money involved available to
use.
"Compound interest is a better measure of the commercial
restitution HMRC should make."
And gradually, it seems, this is beginning to happen.
A recent direct tax case involving Sempra Metals held that
compound interest was a better measure of the cost to the taxpayer
than simple interest in such circumstances.
Indeed, the principle has now been accepted for VAT in the High
Court.
"However, in view of the cost to the Government especially with
major claims already in the system going back to 1973 where payment
of compound interest will dwarf the underlying VAT overpaid, they
are likely to appeal," said Mr Holly.
"I have a client where the underlying VAT is £160,000,
simple interest will add another £200,000, and compound
interest £425,000.
"This will run and run and needs carefully monitoring if a
business has made a claim."