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United Kingdom mistakeultra vires payments

Prudential Assurance Co Ltd v Revenue and Customs Commissioners

[2018] UKSC 39
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2018
StatusBinding authority

Summary

Restitution claims for overpaid tax may be brought on the ground of mistake of law, confirming Kleinwort Benson v Lincoln CC applies in the tax context.

Key Principle

The Supreme Court held that restitution claims for overpaid tax can be brought on the basis of mistake of law; Kleinwort Benson v Lincoln CC applies to allow recovery of taxes paid under a mistaken understanding of the law.

Area of Law

tax

Related Cases

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

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