Non-UK resident EIS share loss relief

Hi, can a non-resident claim share loss relief e.g. EIS holding > 3years but now failed, can the capital loss (as reduced by IT relief not withdrawn) be claimed against taxable UK income in current and/or previous year?

Hi Laura,
You can set EIS loss relief against taxable UK income in the same year as the losses arise or you can carry those losses back.
As a non UK resident, it would only be set against sources of income that are taxable in the UK.
Thank you.

Okay, thanks. So it doesn't matter that he is non-resident (and therefore wouldn't normally be able to claim a capital loss)?

Hi,
see guidance at CG15820 - Losses: restriction of loss relief: non-residents
Thank you.

Thank you. I am aware of the position regarding normal capital losses but was Admin 25 correct that the EIS loss, as described above, can be claimed against UK income for a non-resident?

Feed back .

Please would HMRC respond regarding whether or not Admin 25 was correct that a non-UK resident can set an EIS capital loss against UK income? If their statement is not contradicted within the next ten days I will assume that it is correct and act accordingly.

Ok, thanks. I will advise the client that the claim an be made and retain this chat as evidence.