Tax liability declaration rejected: The question of the correct procedure for dealing with loss claims where relief is claimed for a year which is not the same as the year in which the loss occurred has been a source of considerable litigation. The key case here is Cotter [2013] UKSC 69 which was heard in the Supreme Court more than ten years ago but that decision itself led to further litigation as taxpayers and HMRC alike struggled to apply it to a number of different situations. InI Austick v HMRC [2024] EWHC 2175 (Ch) (21 August) a taxpayer took a different route. He sought a declaration from the High Court that he had no liabilities for the 2000/01 other than those shown in his self-assessment returns. The purpose of seeking such a declaration was to prevent HMRC recovering a repayment made to him in 2001 which had arisen...
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Tax liability declaration rejected: The question of the correct procedure for dealing with loss claims where relief is claimed for a year which is not the same as the year in which the loss occurred has been a source of considerable litigation. The key case here is Cotter [2013] UKSC 69 which was heard in the Supreme Court more than ten years ago but that decision itself led to further litigation as taxpayers and HMRC alike struggled to apply it to a number of different situations. InI Austick v HMRC [2024] EWHC 2175 (Ch) (21 August) a taxpayer took a different route. He sought a declaration from the High Court that he had no liabilities for the 2000/01 other than those shown in his self-assessment returns. The purpose of seeking such a declaration was to prevent HMRC recovering a repayment made to him in 2001 which had arisen...
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