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Posted Tue, 12 Mar 2024 19:23:58 GMT by AB2121
Hello HMRC, I wanted some clarity on capital gains deferral in EIS. Essentially can I defer only the FY gains & carry forward the FY loss or is it the net FY gain that can be differed? For clarity, say I have 14k gains, 2k loss, EIS investment of 8k. Can I defer 8k capital gain, use 6k allowance & then carry forward 2k loss in my self-assessment? Or as the net FY gain for the year is 12k, allowing for 6k tax free allowance, I can only defer remaining 6k in EIS investments?
Posted Wed, 20 Mar 2024 07:09:39 GMT by HMRC Admin 25 Response
Hi AB2121,
Deferral relief does not have to be allowed in full against the gain.
You may wish to utilise the annual exemption allowance (AEA) for the year and so only defer the balance of the gain.
Normally any losses arising in a year are set against any gain arising in the year in the first instance and are set off before the annual exemption is applied.
Unless the loss is arising from EIS shares or is a qualifying loss for income tax relief, and the loss is being set against income tax.
Therefore in the scenario provided, for the loss to remain available to be carried forward you would need to extinguish the full gain of £14,000, any smaller sum applied would leave a gain to be covered by the losses before the AEA is allowed.
VCM23000 - EIS: deferral relief: shares issued on or after 6 April 1998: contents
VCM23080 - EIS: deferral relief: shares issued on or after 6 April 1998: how deferral relief is allowed 
HS297 Capital Gains Tax and Enterprise Investment Scheme (2023)
CG15800 - Losses: allowable losses
Thank you. 
Posted Thu, 21 Mar 2024 20:45:51 GMT by AB2121
Understood. Thank You so much

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