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M Reid and S Emblin (TC6469)
Interaction between enquiries into partnership and individuals’ returns
The taxpayers took part in an avoidance scheme that involved gilt-edged securities (Corbiere) and a film scheme. It was accepted that both failed.
E claimed relief for losses arising under the film scheme in 2004-05 in his 2003-04 tax return. HMRC advised him to make a standalone claim rather than in the return which it amended under TMA 1970 s 9ZB to exclude the claim. R claimed relief in his 2003-04 return but was not asked to make a separate claim.
In September 2006 HMRC opened enquiries into the Corbiere scheme in the partnership’s return for 2004-05 (under s 12AC) and the taxpayers’ returns for the same year (under s 9A) in which they disclosed details of the arrangement and claimed relief for losses under the film scheme. It later issued notices under s 28A amending their returns. The...
