Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Answer lies in the soil

25 November 2014 / Richard Curtis
Issue: 4479 / Categories: Comment & Analysis , Business

Shedding light on the workings of the restriction for sideways relief of farming losses


  • ITA 2007 s 67 restricts the sideways relief of farming losses when losses have arisen in the previous five years.
  • Determining when farming started and whether there had been a break in activities.
  • The “slightly odd” wording of ITA 2007 s 68(3).
  • Comparing a notional competent farmer with the taxpayer.
  • ITA 2007 s 68(3) should be interpreted to give a coherent result.

It’s not every day that we see a First-tier Tribunal report starting with the words “this was an interesting case”. Perhaps the tribunal judges become so inured to dealing with interminable penalty appeals that something which tackles the more fundamental and technical principles of tax arrives as a joyful interlude.

Such apparently was the situation in CJ & MA French v HMRC...

If you or your firm subscribes to, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or '' for further assistance.

back to top icon