B Knibbs and others v HMRC and The Queen oao of R Astley and others v HMRC

In B Knibbs and others v HMRC and The Queen oao of R Astley and others v HMRC [2019] EWCA Civ 1719 (17 October 2019) the Court of Appeal held that TMA 1970 Sch 1B could apply to a claim for carry-back loss relief.

This was an appeal against a High Court decision striking out judicial proceedings. The claimants in both cases were taxpayers who had participated in schemes either directly or through partnerships mainly involving investments in films. They had made claims to set losses (purportedly) sustained in one year of assessment (Year 2) against income of one or more previous years (Year 1). These were therefore claims for carry-back loss relief.

The issue was whether the only way in which HMRC could enquire into the claimants’ carry-back claims in relation to Year 1 was by a notice of enquiry under TMA 1970 Sch 1A para 5(1)(a) ...