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Posted Wed, 18 Oct 2023 14:44:52 GMT by
If a property were sold with £150k Capital nett Gain and CGT due of £44K, is it possible to invest in an EIS a sum amounting to 50% of the gain, and defer 50% of the tax due - or is deferral relief only available if the whole nett gain is invested in EIS.
Posted Tue, 24 Oct 2023 13:42:19 GMT by HMRC Admin 32 Response
Hi,

To obtain full Deferral Relief you must invest an amount at least equal to the chargeable gain. Please also see guidance at:

Capital Gains Tax and Enterprise Investment Scheme (Self Assessment helpsheet HS297)

Thank you.
Posted Wed, 25 Oct 2023 10:18:14 GMT by
Thank you, but I want to know if it is permissable to just reinvest 25% of the gain, and pay tax immediately on the remaining 75%. I cannot find an illistration to cover this anywhere
Posted Fri, 27 Oct 2023 10:59:32 GMT by HMRC Admin 20 Response
Hi Cantoris-1,
Please refer to further guidance at VCM23080 - EIS: deferral relief: shares issued on or after 6 April 1998: how deferral relief is allowed for more
information on the rules about claiming deferral relief.  
This states - The investor can specify an amount of relief in his claim as long as this does not exceed the amount of:
his unused qualifying expenditure on eligible shares, and that part of the original gain which is unmatched.
Thank you.

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