Mansworth v Jelley losses ” update on HMRC’s position
Many will be pleased to know that HMRC has confirmed to Pinsent Masons LLP that the standard letters issued to taxpayers in February and March are not ‘decision’ letters, which could trigger the need to make an application for Judicial Review at this stage. HMRC have also confirmed that decisions on the availability of loss claims will be made on a case by case basis.
What this means is that the time limit for commencing Judicial Review proceedings has, in most cases, not yet commenced and taxpayers can now enter into discussions with HMRC to state the reasons why the loss claims should be allowed. Because each taxpayer’s case is fact specific it is not possible to argue ‘legitimate expectation’ on a group basis but Pinsent Masons would be very pleased to assist you in your discussions with HMRC.
Pinsent Masons are also intending to seek leading Counsel’s opinion on three key technical points:
– whether HMRC’s revised (2009) technical position is correct in law
– whether taxpayers can argue that the loss claims had been agreed, if HMRC had not made it clear that there were outstanding queries and had made no contact with taxpayers for a number of years.
– whether HMRC’s stated interpretation of “legitimate expectation” has a valid basis and is consistent with current judicial interpretation
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