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HMRC might find Cotter is not the success they think it is
KEY POINTS
- The Supreme Court has found for HMRC in Cotter.
- Taxpayer conceded that a claim which was related back to an earlier year took effect in the later year.
- Court distinguishes between the tax return form and the entries which affect the calculation for the year.
- If the calculation had been carried out by taxpayer the result would have been different.
The judgment against the taxpayer in Cotter v HMRC [2013] UKSC 69 came admirably swiftly and was admirably concise at only 12 pages.
It may however have left HMRC mentally paraphrasing Plutarch after the Pyrrhic war that “one more such victory would utterly undo them”.
It puts a question mark over hundreds perhaps thousands of enquiries started under TMA 1970 s 9A and Sch 1A...
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