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No authority to allow a late claim for EIS income tax relief

14 May 2024
Issue: 4937 / Categories: Tax cases
K Kalay (TC9155)

In 2013 the taxpayer invested in a company and received shares. In November 2019 he sold the shares. The following November he submitted his 2019-20 tax return and included a claim for enterprise investment scheme (EIS) relief on the disposal of the shareholding in the return. However he had not made a claim for EIS income tax relief for the 2012-13 tax year so he submitted a late claim in January 2022 (this should have been done by 31 January 2020 per ITA 2007 s 202(1)(b)).

HMRC issued a closure notice rejecting the claim and also denying the EIS disposal relief claim because the taxpayer had met the conditions – one of which was to have claimed EIS income tax relief. The taxpayer appealed.

HMRC applied to strike out the taxpayer’s appeal on the ground that the First-tier Tribunal did not have the...

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