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Information Sheet 5/04, 6 May 2004

This Information Sheet explains how Customs will deal with claims made based upon the decision in the GMAC High Court case.

1 Introduction

1.1 What is this Information Sheet about?

The High Court has upheld the decision of the Tribunal which found against Customs & Excise in the case of General Motors Acceptance Corporation UK Ltd (GMAC) case (LON/01/242). Customs have accepted the ruling of the High Court. This Information Sheet updates VAT Information Sheet 06/03 and outlines the basis on which Customs are now prepared to accept claims for reimbursement of tax that has been incorrectly paid to them.

2 Background

GMAC sell cars to members of the public on deferred payment terms. These deferred terms include hire-purchase (HP) agreements. Ownership of the cars covered by these HP agreements only transfers to the customer