Tax tribunal ruling on share loss relief

In the complex world of tax law, few cases illustrate procedural intricacies better than Roger Murphy v The Commissioners for HMRC. On June 3, 2025, the case was examined by the Upper Tribunal, focusing on share loss relief under the Income and Corporation Taxes Act 1988 and procedural implications concerning tax return claims. Mr Roger Murphy appealed after the First Tier Tribunal (FTT) dismissed his claim for share loss relief connected to a loss from the 2006-07 tax year, which he sought to claim against his earlier 2005-06 return. The case scrutinised procedural requirements that HMRC must follow when issuing notices of inquiry and closure notices linked to tax relief claims.

When Mr Murphy submitted his 2005-06 return, he included a claim for share loss relief concerning a significant loss on share disposals, totalling around £763,739.76. However, discrepancies in recording this claim triggered HMRC inquiries into his returns for both 2005-06 and 2006-07 tax years.

The FTT ruled against Mr Murphy, concluding he was not entitled to relief as the loss was associated with the later 06-07 tax year according to Schedule 1B of the Taxes Management Act (TMA). The tribunal examined key issues, notably the procedural validity of the claim. While Mr Murphy showed intent to claim relief, the FTT found it had not been properly executed within TMA’s guidelines for carry-back claims, which under section 574, must apply directly to claims for the corresponding tax year. Another pivotal discussion point revolved around the validity of HMRC's inquiries; ultimately, the FTT concluded that these inquiries were mishandled and that closure notices incorrectly denied claims based on flawed calculations.

Following this ruling, Mr Murphy appealed, challenging the FTT's interpretation of the law related to share loss relief, asserting the ruling in Derry SC should support his case as it examined claims under similar conditions. Furthermore, he contested HMRC's closure notices, claiming they failed to adequately address his claims or detail the inquiries.

Upon reviewing the case, the Upper Tribunal agreed with several aspects of the FTT's reasoning while highlighting specific legal nuances. It confirmed the FTT's appropriate interpretation of the procedural statutes, particularly those related to Schedule 1B TMA and its application to prior relief claims. However, it diverged on a crucial matter, concluding that Mr Murphy’s claim had been validly lodged but not properly processed according to established guidelines.

The Upper Tribunal's decision elucidates essential elements about share loss relief claims and the intricate dynamics of intent, procedure, and judicial interpretation within tax law. By acknowledging procedural errors from the FTT's initial ruling while correcting specific interpretations regarding inquiries and claims processing, the Tribunal highlighted critical aspects essential for taxpayers within the taxation framework. This case serves as a reminder of the need for meticulous attention to procedural compliance in tax claims and the potential fallout from documentation oversights.

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