VAEC5110 - Recovery assessments: Section 80B assessments unjust enrichment

The procedural guidance in this manual only covers the VAT Mainframe and VISION processes. For guidance on the Making Tax Digital and ETMP processes for fully migrated customers, see VAEC0200 and the Making Tax Digital for VAT compliance toolkit.

Where a business makes a Section 80 claim which is considered to unjustly enrich the claimant we can still make a refund or credit his account if the business agrees to reimburse his customers.

For further guidance on unjust enrichment and reimbursement arrangements see the VAT Refunds Manual.

If a business agrees to enter the reimbursement arrangements but then fails to reimburse their customers, there are a number of scenarios, which might ensue depending upon the particular circumstances of the business and these are described later in this section.

By virtue of Section 80B(1E) and Section 80B(2) the time limits for making assessments under Section 80B are contained in Section 78A(2) and are governed by the 2 year evidence of facts rule.

These assessments are not tied to accounting periods nor are there any capping limitations.

Section 80B has provision for two new recovery assessments.

Section 80B(1) assessments are required where an amount has been paid or repaid to a trader.

Section 80B(1B) assessments are required where an amount has been credited to a business.

Examples of when to use these assessment powers can be found at VAEC5130 to VAEC5160.