‘The structure of Schedule 1B is that it applies to certain specified claims for relief involving two or more years. The provisions relating to loss relief are contained in paragraph 2. The remaining paragraphs deal with entirely separate claims, for example relief for fluctuating profits of farming etc in paragraph 3, and the carry-back of post-cessation receipts in paragraph 5. It is therefore entirely natural for the provision in the body of TMA 1970 which gives effect to Schedule 1B to say that it ‘shall have effect as respects certain claims for relief involving two or more years of assessment’, that is to say the various claims for relief which are dealt with in the Schedule. Much clearer language would in my judgment have been needed if Parliament had intended to stipulate that the provisions contained in Schedule 1B were to apply only to claims expressly identified elsewhere in the Taxes Acts as ones to which Schedule 1B applied. Another way of making the same point is to say that the subject matter of Schedule 1B is to be ascertained by looking at its provisions, which are given effect (but not circumscribed) by section 42(11A).’
Judges:
Longmore, McFarlane, Henderson LJJ
Citations:
[2017] EWCA Civ 435, [2017] STI 1718, [2017] BTC 16, [2017] STC 1723
Links:
Statutes:
Taxes Management Act 1970 42(11A) Sch 1B
Jurisdiction:
England and Wales
Citing:
Appeal from (UTTC) – Derry, Regina (on The Application of) v Revenue and Customs UTTC 28-Jul-2015
UTTC Application for judicial review – self-assessment in annual return – claim to relief under Chapter 6 of Part 4 of Income Tax Act 2007 (dealing with share loss relief) – whether such a claim governed by . .
Cited by:
Appeal from (CA) – Derry, Regina (on The Application of) v Revenue and Customs SC 10-Apr-2019
D bought 500,000 shares in TY 2009/10 for pounds 500,000 in Media Pro Four Ltd. In tax year 2010/11 he sold them to ‘Island House Private Charitable Trust’ for pounds 85,500, realising a loss of pounds 414,500. His 2009/10 tax return claimed share . .
Lists of cited by and citing cases may be incomplete.
Income Tax
Updated: 03 February 2022; Ref: scu.588319
