In Mark Wickersham v HMRC [2016] EWHC 2956 the High Court held that no tax repayment was due as HMRC had given notice of their intention to enquire into a share loss relief claim.

The loss was a claim outside a return so Sch1A TMA 1970 applied:

  • HMRC were required to make a repayment as soon as possible, unless an enquiry was opened.
  • To open a valid enquiry HMRC merely had to notify the taxpayer of their intention to make an enquiry by the deadline
  • On balance of the evidence they had done this, so the enquiry was valid and no repayment due until the enquiry was complete.


Our subscriber guide:

Loss relief (income tax) disposal of shares

Case reference:

Mark Wickersham v HMRC [2016] EWHC 2956