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Derry: carry back of share loss relief

What is and is not included in a self-assessment? Michael Avient examines the taxpayer victory at the Supreme Court on a carry back loss claim.

The case of R (on the application of Derry) v HMRC [2019] UKSC 19 concerns the correct tax treatment for income tax purposes of the respondent’s claim for share loss relief under ITA 2007 s 132. Mel Stride financial secretary to The Treasury has remained silent following HMRC’s defeat in the Supreme Court; nor has HMRC yet made any mention that its interpretation of the law was incorrect. The taxpayer’s success in the Court of Appeal as to interpretation of the tax calculation pages of the tax return has remained unchanged.

In seeking permission to appeal HMRC stated that it was now out of time to open closed self-assessment tax years...

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