13 April 2021
Daarasp LLP and Betex LLP v HMRC; (UT)
In a case concerning claims for capital allowances made by LLPs that had purchased software licences, the taxpayers argued that the terms of the closure notice issued by HMRC prevented the Tribunal from determining certain ‘knock-out’ issues in relation to their entitlement to the allowances claimed. The Upper Tribunal held that the First-tier Tribunal had erred in its approach but, on the proper construction of the closure notices, the Tribunal did have jurisdiction to consider all of the issues raised by HMRC.
Ben Elliott, counsel, instructed by Charterhouse (Accountants) Limited for the Appellants.
To see the approved decision, click here.