Negligible loss claim against and EIS investment

Hi I would like to make a negligible loss claim against an EIS investment I made in 2012. The company has made no profit in this time. I am a higher rate taxpayer on a PAYE with circa £20k at 40% rate Example Investment £100k Tax relief of £30k Net investment £70k Loss relief £28k (40% of the £70k net investment using marginal rate) Total loss £42k If I claim back through income tax over two years, do I use my marginal rate over the whole claim of £70k even though I would only have paid £40k at the higher rate over the two-year period? Is my understanding correct that I can make the whole claim at the marginal rate of 40%? Regards vandenm

Hi,
Pease refer to guidance at:-  HS286 Negligible value claims and Income Tax losses on disposals of shares you have subscribed for in qualifying trading companies (2024)
Thank you.