HMRC Lose Tax Avoidance Case in the Supreme Court HMRC Lose Tax Avoidance Case in the Supreme Court
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  1. #1

    Should post faster


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    Default HMRC Lose Tax Avoidance Case in the Supreme Court

    Full Judgement
    https://www.supremecourt.uk/cases/do...7-judgment.pdf

    Press Summary
    https://www.supremecourt.uk/cases/do...ss-summary.pdf

    HMRC Lose Tax Avoidance Case in the Supreme Court

    HMRC Lose Tax Avoidance Case in the Supreme Court


    Today HMRC, in R (oao Derry) v HMRC, were told the taxpayer correctly included his claim for loss relief in his self-assessment for the year preceding the loss. Why is this important? HMRC failed to issue an enquiry into that self-assessment and the tax year is now closed and final.

    Both De Silva and Derry arose because of HMRC's failure to act correctly and open enquiries into the relevant years. This is a criticism also levelled at HMRC by the All-Party Parliamentary Group looking into the 2019 loan charge.

  2. #2

    I Am Legend


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    HMRC relied heavily on the potential loss of £100m to the Exchequer. HMRC had sought to argue against the clear wording of the legislation.

    HMRC only care about stand to lose - not on what is right and proper.

  3. #3

    Fingers like lightning

    stonehenge's Avatar
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    HMRC don't like conceding anything. They will fight hopeless cases, rather than being pragmatic.

    Things might be different if they had to account for the public money they spent on going to court.

    The little guy is especially at a disadvantage because HMRC will, if necessary, use every trick in the book to drain your funds.

  4. #4

    Nervous Newbie


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    Mar 2019
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    Shove that in your pipe & smoke it HMRC.
    Will read the judgements but hope the respondents legal team claimed costs.
    Complete abuse of process & waste of money.

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