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HMRC internal manual

VAT Refunds

From
HM Revenue & Customs
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Unjust enrichment: Reimbursement: Draft undertaking letter

“The attached undertaking must be signed and the form returned to this office before any money will be refunded under the reimbursement scheme. It is only necessary to sign this undertaking where you accept that you would be unjustly enriched by receiving the refund [and associated statutory interest]* of the sums overstated as output tax to HM Revenue & Customs, but have agreed, for the purposes of the scheme, to reimburse those consumers who for practical purposes bore the amount of money being credited. None of the credit can be kept to cover any administrative expenses you may incur in administering the scheme.

The undertaking

This undertaking applies to my claim for repayment of overpaid VAT dated __/__/__ and totalling £………

I, the undersigned, can identify the names and addresses of consumers

whom I intend to reimburse. I will reimburse those persons, in cash or by

cheque, all of the amount credited by HM Revenue & Customs (HMRC) under section 80A(2) of the VAT Act 1994, together with any associated interest, without any deduction, for whatever purpose, within 90 days of receiving the credit and I understand that I cannot use the credit for any other purpose.

Furthermore, where some or all of the credited amount to be reimbursed has been paid or repaid to me and I have not reimbursed some or all of it to consumers, I will, without reminder, notify HMRC and return the balance together with any associated interest to HMRC within 14 days of the 90 days expiring. Where the credited amount has not been paid or repaid to me, and I have not reimbursed some or all of it to consumers, I will notify HMRC of that amount of credit and associated interest I have not reimbursed to consumers within 14 days of the 90 days expiring. I will keep the necessary records as set out in the Regulations and I will comply with any notice given to me by HMRC about producing the records I am required to keep”.

SIGNATURE……………………………………………………………………………….
 
NAME……………………………………………………………………………………..
ADDRESS………………………………………………………………………………….
……………………………………………………………………………………………..
……………………………………………………………………………………………..
VAT REGISTRATION NUMBER……………………………………………………………………………