SUPREME COURT RULING SIGNALS END OF ROAD FOR COTTER AS HMRC WINS CASE

摘要

HMRC has won what it describes as 'an important ruling' as a result of an appeal to the Supreme Court over its refusal to allow a claim to tax relief for losses while an enquiry into a tax avoidance scheme was ongoing. In a unanimous decision in Cotter v Commissioners for HMRC (UKSC 69 [2013]) on appeal from EWCA Civ 81 [2012]) released on 6 November, the Supreme Court ruled that HMRC was entitled to enforce payment of a tax debt and withhold tax relief while it investigated the scheme, which is used by around 200 people.