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Caffyns gains tax windfall

Caffyns has been awarded a multi-million pound tax rebate from Her Majesty’s Revenue and Customs but may still have to pay it all back.

 

The southern-based dealer group, ranked 48 in the Motor Trader Top 200, has received just short of £3m.

The amount received comprises the claim of £1.3m and interest of £1.6m.

The refund came from a claim made as a result of the Marks & Spencer European Court test case in 2002, which relates to VAT overpaid on demonstrator vehicle bonuses in the period 1973-1997.

HMRC appeal

However, despite paying out the money to Caffyns, HMRC is appealing to the House of Lords against two decisions made during 2006 in cases concerning other businesses unrelated to the dealer group.

The appeal is scheduled to be heard in the House of Lords in the last quarter of 2007.

Should the HMRC appeal be successful, Caffyns will be required to repay the £3m as well as accumulated interest.

Caffyns’ claim had previously not been paid pending clarification on a point of law which has still not yet been resolved.

Cases pending

According to accountants Trevor Jones, there are a small number of cases pending and the result of these will confirm if dealers will be able to keep or have to repay the money.“What Caffyns has done is what we are recommending to all dealers,” said Paul McKay, a tax partner at Trevor Jones.

“This is the best method of recognising the payment as if the appeal from HMRC is successful the dealers will be required to fully repay the refund plus interest accrued within 14 days.”

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