The First-tier Tribunal (FTT) directed that HMRC issue tax enquiry closure notices despite a pending decision of the Supreme Court being awaited on a judicial review application brought by some of the applicants. 

The applicants were members of a group of companies (TR Group) and were party to various intra-group transactions with an entity in the TR Group that was tax-resident in Switzerland (TRGR). In December 2020, HM Revenue and Customs (HMRC) opened enquiries into the applicants’ corporation tax (CT) position for 2018. In June 2024, the applicants applied to the First-tier Tribunal (FTT) for directions that those enquiries be closed.  

A key factor behind the closure notices was that three of the applicants had made parallel judicial review (JR) claims. These were heard first by the Upper Tribunal (UT) and then by the Court of Appeal. Both the UT and the Court of Appeal dismissed the JR claims, but the applicants then applied