Claims for overdeclared output tax: Time limits Section 80 VAT Act 1994: Subsection (1) - Transitional arrangements
The time limit for making claims was increased with effect from1 April 2009 from three years to four. However, in order to ensure that accounting periods that were out-of-time on 31 March 2009 are not brought back in-time by the change, transitional arrangements have been enacted by The Finance Act 2008, Schedule 39 (Appointed Day, Savings and Transitional Provisions) Order 2009.
The transitional arrangements provide that no claim made between 1 April 2009 and 31 March 2010 can be made for any accounting period ending before 1 April 2006.
Thus, on 31 March 2009, the earliest accounting period for which a claim may be made under section 80(1) is that ending on 31 March 2006.
On 30 April 2009, the earliest accounting period for which a claim may be made under section 80(1) would be that ending on 30 April 2006.
Similarly, on 31 October 2009, the earliest accounting period that can be claimed for will also be that ending on 30 April 2006.
However, by 30 April 2010, the four-year time limit will have come fully into effect so that a claim made on that date can go back to the quarter ending 30 April 2006.
For non-standard tax periods, claims made between 1 April 2009 and 1 April 2010 can be made for any accounting period ending after on or after 1 April 2006.