Clause 303 - Exclusion of extended limitation period in England, Wales and Northern Ireland

Part of Finance Bill – in a Public Bill Committee at 9:45 am on 24 June 2004.

Alert me about debates like this

Photo of Dawn Primarolo Dawn Primarolo Paymaster General (HM Treasury) 9:45, 24 June 2004

I want to deal with the point about Marks and Spencer and Her Majesty's Customs and Excise. Just as an aside, I smiled when I saw the hon. Gentleman's amendments in defence of the ECJ, but I will not take that any further. The change introduced by Her Majesty's Customs and Excise involved a reduction in the existing time limits for assessing and reclaiming indirect tax from six years to three years, hence the issue of transition. Clause 303 simply restores the position that was thought to exist prior to the DMG decision. The clause does not reduce a known limitation period, as was the case with the change introduced by Her Majesty's Customs and Excise. Instead, it preserves what was thought by most to be the limitation period, which in any event is a generous six years.