Share Loss Relief on EIS (and non EIS) shares in same company

If I invested various amounts in a company that went into administration on October 1st 2024 and hence the shares now have negligible value, I would like to understand the implications in various scenarios: Assume investments were: £20,000 in 2019, claiming £6,000 ICT relief £20,000 in 2022, claiming £6,000 ICT relief Assuming the company went into administration on 1/10/2024, I am clear I can claim £14,000 loss relief on the 2019 shares (held for 3+ years, where loss is the acquisition cost (£20k) less relief claimed (£6k). I can do this by making an NVC for these as part of my 2024/2025 tax return. I am less share about my options with the 2022 shares. 1) Is the 3 year holding period for EIS shares based on the date of administration, or the date the NVC is made? 2) If it is the date of administration (or date of the NVC which is within the 3 year anniversary) meaning not held for 3 years 2a) Can I claim £14,000 loss relief on the 2022 shares as they were not held for 3 years at the deemed point of disposal? 2b) Can I instead repay the £6,000 ICT relief on the 2022 shares and claim £20,000 on the total loss? 3) If the 3 years is based on the date I make the NVC and this is AFTER the 3 year anniversary 3a) Presumably i just claim the £14,000 loss relief on the 2022 shares 4) Can I choose to make the NVC for the different investments at different times. I.e. make the NVC for the 2019 shares in 2024/2025 and wait to make the NVC for the 2022 shares until 2025/2026 in order to use the loss next year? Or do I need to make the NVC claim for all shares in the company at the same time?

Hi Robert Oakley,
We cannot advise on scenarios.
If your share investments are now worthless, you have the option of claiming losses as a result of negligible value.
This is done either on a Self Assessment tax return in the capital gains section or in writing.
In both cases you will need to provide some supporting evidence.
Please have a look at the guidance here:
Negligible value claims and agreements
If you require more detailed information, you will need to contact our helpline on 0300 200 3310.
Self Assessment: general enquiries

That sure is a lot of complexity for one forum post :-) I too am a recent EIS subscriber now getting to find out how unclear many of the procedural requirements are. On the matter of NVCs... there's an abundance of information on the internet saying you can make them, but when you look into how, you find out there are substantial evidence requirements attached, which make exercising that rather burdensome. As a result, I've chosen to not make them, and am waiting for my failed investments to be fully wound up, so I can report them as simple disposal. On the matter of administration and the 3 year period... as I understand it, a company entering administration does not immediately make its shareholders cease to be shareholders... that would suggest the 3 year period continues to run, and depending on the length of the adminstration proceedings, may potentially complete, enabling income tax relief to not be withdrawn. On the matter of the loss relief on the 2022 shares... I've never heard of any provision for voluntarily undoing EIS income tax relief. I conjecture this would play out as needing to follow the procedure regarding withdrawal of the EIS income tax relief following a disposal within 3 years, and then claiming loss relief based on (total loss) minus (amount of EIS income tax given and not withdrawn, if any). On the matter of the interaction between NVCs made within the 3 year period, and the withdrawal of income tax relief... this appears to rest on the interaction of wording between several different pieces of legislation, and I personally wouldn't want to assume anything without taking professional advice.