A number of recent decisions have looked at whether a loss claim is made in or outside the self-assessment return. This is fundamental to whether relief for the claim can be given during an enquiry and also whether the enquiry is valid. In Cotter, a distinction was drawn between claims included and not included in the tax calculation. However, in Rouse, the UT took a very strict interpretation of what constituted the tax calculation. The recent De Silva decision goes even further and introduces the concept of an ‘inchoate’ claim which is only validated when reported under self-assessment.
