The taxpayer had sought to set off the entire cost of software licences against tax in the year of purchase, and challenged the re-opening of tax assessments after their closure by the Revenue. The Revenue appealed.
Held: The Revenue could re-open the assessments, but the taxpayer was able to set off the expense as a capital allowance.
Arden, Scott Baker and Moses LJJ
 EWCA Civ 32,  STC 809,  BTC 154,  STI 435
Capital Allowances Act 2001 45, Taxes Management Act 1970
England and Wales
At SCIT – Tower MCashback Llp1 and Llp2 v Revenue and Customs SCIT 19-Jul-2007
SCIT Capital expenditure on software – whether HMRC can raise additional contentions in an appeal beyond those indicated in the Closure Notice – whether expenditure was incurred pursuant to an unconditional . .
Appeal from – Tower Mcashback Llp and Another v HM Revenue and Customs ChD 13-Oct-2008
The court considered the availablilty of a first year allowance for the full first year expenditure on software licence agreements. The revenue sought to bring new points on appeal.
Held: The LLPs’ appeals on the procedural issue as to the . .
At CA – Revenue and Customs v Tower MCashback Llp 1 and Another SC 11-May-2011
No re-opening after closure notices
The taxpayer had purchased software licences (SLA), and set out to claim the full cost against its tax liabiilities under the 2001 Act in the first year. The taxpayer said that after the Revenue had issued closure notices, it was not able to re-open . .
These lists may be incomplete.
Updated: 22 February 2021; Ref: scu.396485