Market leading insight for tax experts
View online issue

HMRC v Cotter

In HMRC v Cotter (Ch D – 14 April) an individual (C) failed to pay the tax due for 2007/08 and HMRC began proceedings to collect it. C defended the proceedings contending that he had made a loss in an employment for 2008/09 and that he should be allowed to set this loss against his income for 2007/08 under ITA 2007 s 128(2).

The Ch D rejected this contention and gave judgment for HMRC holding that C could not amend his 2007/08 return to include the claim but had to make a separate claim under TMA 1970 Sch 1A. C’s claim for loss relief was not a defence to HMRC’s claim for payment of the tax due for 2007/08.

Why it matters: ITA 2007 s 128 permits loss relief to be carried back. However the Ch D confirmed...

If you or your firm subscribes to, please click the login box below:

If you do not subscribe but are a registered user, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or '' for further assistance.