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Where Taxpayers and Advisers Meet

Form of loss claim

Brightonian
Posts:148
Joined:Wed Aug 06, 2008 3:31 pm
Form of loss claim

Postby Brightonian » Thu Feb 12, 2026 3:36 pm

My client is not within self assessment. She made a capital loss in the two years ended 5 April 2024 and I submitted her signed claim last year. it was in the form I have always used - 'I wish to make a claim under S.16(2A) TCGA 1992 for losses totalling £x. I enclose detailed schedules of the losses.' I have never before had a problem with the form of the claim.
However, I have just received a letter from HMRC stating that, as it was 'a standalone claim from your client for capital losses, sch.1A TMA70 will apply and you will need to provide a signed declaration from your client to the effect that all the particulars given in the claim are correctly stated to the best of their information and belief'.
This seems to be nit-picking, especially as no tax is repayable. I have never been asked to provide this before.
Assuming the inspector is within her rights to request this, will it be adequate for me to redraft my client's claim, adding a sentence that all the particulars are correct etc.?

pawncob
Posts:5210
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Form of loss claim

Postby pawncob » Thu Feb 12, 2026 9:11 pm

Yes, as long as she signs it.
With a pinch of salt take what I say, but don't exceed your RDA

Brightonian
Posts:148
Joined:Wed Aug 06, 2008 3:31 pm

Re: Form of loss claim

Postby Brightonian » Mon Feb 16, 2026 1:31 pm

Thank you for your comment. That is very helpful.

Brightonian
Posts:148
Joined:Wed Aug 06, 2008 3:31 pm

Re: Form of loss claim

Postby Brightonian » Mon Feb 16, 2026 1:31 pm

Yes, as long as she signs it.
Thank you for confirming. Much appreciated.


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