Hi AB2121,
We believe your interpretation is correct.
If you become non-resident after the termination date then the gain would not be revived.
We believe there is some slight misunderstanding though.
CM23110, provides details on when deferred gain is brought back into charge, one of the reasons stated (point 3): the investor becoming non-resident within the period beginning with the issue of the shares and ending immediately before the termination date, see VCM23070, relating to those shares, but see exceptions at VCM23120.
Of course we then need to pay attention to the exception under VCM23120.
This page provides the 3 conditions that must be met for the gain not to be revived if you become a non-resident.
Please have a look at the following guidance pages:
VCM23110 - EIS: deferral relief: shares issued on or after 6 April 1998: when is the deferred gain brought back into charge?
VCM23120 - EIS: deferral relief: shares issued on or after 6 April 1998: when is the deferred gain brought back into charge: shareholder becomes non-resident
Thank you.