Reversal of Inverclyde

16 March 2020
Author: JHA

The 2020 Budget announced provisions to reverse last year’s FTT decision in Inverclyde. In that case, HMRC denied the appellant LLPs’ claims for Business Property Renovation Allowance on the basis that the LLPs did not carry on a business with a view to a profit.  The LLPs argued that, if that were the case, HMRC were wrong to open enquiries into their members’ returns as the LLPs would be opaque for tax purposes, and thus the amendments removing the allowance were invalid. HMRC argued that, because the LLPs filed a partnership return, they were entitled to open an enquiry.  The FTT agreed with the taxpayers.

Although the draft legislation has not yet been released, documents released alongside the budget indicate that the new provisions will reverse the Inverclyde decision retrospectively. From the date of Royal Assent of the Finance Bill 2020, HMRC will be allowed to amend LLP members’ returns to reflect its conclusion that an LLP is not trading with a view to profit. All amendments already made on this basis will also be valid.

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