Human Rights: Act now or pay later
The Government's plan to clamp down on companies' rights to reclaim overpaid taxes has met with a chorus of disapproval from the business community. Could the Human Rights Act be the tool it needs to challenge the Inland Revenue through the courts? Lucy Woodall and Andrew Howard report
On 8 September, 2003, the Paymaster General announced draft legislation to be included in the Finance Bill 2004. The draft clauses contain an amendment to section 32(1)(c) of the Limitation Act 1980, to the effect that the extended limitation period does not apply to mistakes of law relating to tax. This change is to apply to all proceedings commenced in the courts on or after the date of the announcement.
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