R (oao Rettig Heating Group UK Ltd (in liquidation)) v HMRC

In R (oao Rettig Heating Group UK Ltd (in liquidation) v HMRC [2024] UKUT 315 (TCC) (7 October) the Upper Tribunal (UT) considered an interlocutory application for disclosure made against HMRC in connection with ongoing judicial review proceedings. The UT refused the application on the basis that the required disclosure was not necessary to fairly and justly resolve the issues in dispute.

The underlying judicial review proceedings involve a challenge to HMRC’s refusal to exercise its discretion under CTA 2009 s 460 to extend a time limit for the claimant to make a set off claim. The claimant made a late claim by which it sought to set off an amount of a non-trading loan relationship deficit against an amount taxable in respect of dividends received from an overseas subsidiary following settlement of the tax treatment of foreign dividends as a result of the Franked Investment Income cases. The claimant...