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Posted Tue, 10 Dec 2024 12:52:21 GMT by Helen Taylor
In 2023 I subscribed to shares in an EIS eligible company, received the EIS certificate and claimed the EIS relief on the shares in my 2023/24 tax return. This company is now being acquired by another company, with the acquisition completed before I will have held the shares for the full 3 years. I understand I am going to lose the EIS tax relief, even though the disposal of the shares has been forced upon me. Investors will receive a cash settlement per share well below the price paid. My question is: if I have lost the EIS tax relief because the shares have not been held for three years, does this also mean that I cannot claim EIS loss relief on the disposal? I am assuming that EIS loss relief only applies to shares where EIS relief was given and not removed and I should include any loss regarding this transaction in my CGT calculation, but would appreciate HMRC's view as to what tax treatment applies in these circumstances. Thanks and regards
Posted Wed, 18 Dec 2024 13:09:55 GMT by HMRC Admin 19 Response
Hi,
It depends on the status of the shares at the time of disposal. If they are no longer qualifying EIS shares at the time of disposal, they would not automatically get Share Loss Relief, but they could possibly still meet the criteria for Share Loss Relief. If at the time of disposal they are still qualifying EIS shares you would be able to claim Share Loss Relief. You can see guidance here:
HS286 Negligible value claims and Income Tax losses on disposals of shares you have subscribed for in qualifying trading companies (2022)
VCM74070 - Share Loss Relief: individual and corporate claimants: individual claimants: qualifying shares and 'eligible shares'
VCM15000 - EIS: income tax relief: withdrawal or reduction of EIS relief
Thank you.

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