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HMRC internal manual

VAT Refunds

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HM Revenue & Customs
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Unjust enrichment: Regulations: 43G Undertakings

43G Undertakings

“(1) Without prejudice to regulation 43H(b) below, the undertakings referred to in regulation 43B(b) above shall be given to the Commissioners by the claimant no later than the time at which he makes the claim for which the reimbursement arrangements have been made.

(2) The undertakings shall be in writing, shall be signed and dated by the claimant, and shall be to the effect that—

(a) at the date of the undertakings he is able to identify the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;

(b) he will apply the whole of the relevant amount credited to him, without any deduction by way of fee or charge or otherwise, to the reimbursement in cash or by cheque, of such consumers by no later than 90 days after his receipt of that amount (except insofar as he has already so reimbursed them);

(c) he will apply any interest paid to him on the relevant amount paid (or repaid) to him wholly to the reimbursement of such consumers by no later than 90 days after his receipt of that interest;

(d) he will notify the Commissioners of the whole or such part of the relevant amount credited to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;

(da) he will repay to the Commissioners without demand the whole or such part of the relevant amount paid (or repaid) to him or of any interest paid to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;

(e) he will keep the records described in regulation 43E above; and

(f) he will comply with any notice given to him in accordance with regulation 43F above concerning the production of such records.”