UT-2024-000123 - [2025] UKUT 00360 (TCC)

Contents

Introduction 2

Factual background 2

Statutory provisions relating to the payment of additional interest 11

The issues before the FTT 17

The decision – the section 80 objection 18

The decision – post April-2009 objection 21

Grounds of appeal 22

HMRC’s Grounds of Appeal 22

The Company’s Grounds of Appeal 23

The section 80 objection - submissions (in outline) and discussion 25

HMRC’s Ground 1 25

HMRC’s Ground 1 – HMRC’s submissions 25

HMRC’s Ground 1 – The Company’s submissions 26

Discussion – HMRC’s Ground 1 28

HMRC’s Ground 2 35

HMRC’s Ground 2 – HMRC’s submissions 35

HMRC’s Ground 2 – The Company’s submissions 35

Discussion – HMRC’s Ground 2 36

The Company’s appeal 37

The Company’s Ground 1 – post-April 2009: Domestic law 37

The Company’s Ground 1 – the Company’s submissions 37

The Company’s Ground 1 – HMRC’s submissions 38

Discussion – the Company’s Ground 1 39

The Company’s Ground 2 – post-April 2009: EU law 40

The Company’s Ground 2 – the Company’s submissions 40

The Company's Ground 2 – HMRC's submissions……………………………………..42

Discussion - the Company's Ground 2…………………………………………………..42

The Company's Ground 3 – Rate of Interest…………………………………………... 46

The Company’s Ground 3 –The Company’s submissions 45

The Company's Ground 3 - HMRC's submissions………………………………………46

Discussion - the Company's Ground 3…………………………………………………..46

Conclusion 46

Costs 46