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De Silva decision on historic loss claims

09 January 2018 / Heather Williams , Michael Avient
Issue: 4630 / Categories: Comment & Analysis
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A ‘De Silva’ lining?

KEY POINTS

  • The purpose of TMA 1970 Sch 1A is to assist the cashflow of taxpayers when making valid claims.
  • A claim to carry back a loss made outside a tax return may be enquired into under Sch 1A.
  • Although a claim has been made outside a return under Sch 1A a claim to carry back must be included in the return in which the loss is reported.
  • Relief given in respect of such a Sch 1A claim would need to be included in the tax return reporting the loss to establish the amount chargeable to income tax in that year.
  • An enquiry into the tax return under TMA 1970 s 9A extends to a carry back loss claim necessarily included in the return reporting the loss.

On...

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