Where a company sought to claim reliefs going back over different tax years, there was no rule requiring such reliefs to be claimed chronologically, but the company could arrange the claims against the several tax years as they best thought fit. There was no express power to order them, but the test was the absence of any law requiring a particular order to be used. The section dealt with only one claim, and said nothing about how two claims should be ordered.
Citations:
Times 24-May-2000, [2000] EWCA Civ 156
Links:
Statutes:
Income and Corporation Taxes Act 1988 239(3)
Jurisdiction:
England and Wales
Citing:
Appeal from – Carr (Inspector of Taxes) v Armpledge Ltd; Same v Fielden and Ashworth Ltd ChD 12-Oct-1998
A company’s settlement of its tax affairs had to be dealt with in chronological order even though it would be from it’s point of view more tax efficient to have them dealt with in reverse order. No right of choice was given to a taxpayer. . .
Lists of cited by and citing cases may be incomplete.
Corporation Tax
Updated: 19 May 2022; Ref: scu.78912
