In Aozora GMAC v HMRC [2019] EWCA Civ 1643 the Court of Appeal agreed that the taxpayer did not have a legitimate expectation that it could rely on HMRC’s published guidance; the degree of unfairness and detriment suffered from the change in the guidance was not sufficiently high.

Aozora applied for judicial review of HMRC’s decision to reject their claim for double tax relief. They asserted that the claim was in line with HMRC’s International Manual, there was a legitimate expectation that this could be relied upon and therefore HMRC should have allowed the claim.

Aozora appealed claiming that the High Court had erred in:

The Court of Appeal upheld the decision of the High Court though they did agree that the statement in the manual was a representation which could be relied upon.

The court also disagreed with the High Court that reliance by an adviser rather than the taxpayer is fatal to a claim of legitimate expectation but held:

Links to our guides:

Tax Risk and HMRC's manuals
How the courts approach agent's reliance on the manuals

Grounds for Appeal: Legitimate Expectation
Useful cases and examples on this topic

How to appeal a decision of HMRC
Key steps in appealing a decision of HMRC.

External link:

Aozora GMAC v HMRC [2019] EWCA Cin 1643