Tuesday 20 June 2023
This is a second appeal. By appellant’s notice filed on 26 May 2022, the taxpayer appellant appeals the decision of the Upper Tribunal dated 17 March 2022, whereby they dismissed the appellant’s appeal.
The issue is a point of law relating to what happens where a company makes a loss carry back claim and the profits for the earlier period to which the loss is carried back are subsequently increased. The Upper Tribunal concluded that the loss carry back claim has no effect on the increase in the profit. The relevant legislation at the time was section 393A of the Income and Taxes Corporation Act 1988 (“ICTA”) and the issue required construction of the same.