Time limit for amending an SEIS claim

My understanding is that a claim for SEIS relief can be made up to five years from 31 January of the year after the tax year in which they made the investment. So for an investment made in June 2019 (i.e. 2019-2020 tax year), the claim can be made up until 31st January 2026. That claim allows for the income tax relief to be claimed in the year of the investment of the proceeding year (i.e. 2019-2020 or 2018-2019). However the deadline for amending such a claim is less clear, and this is what I would like to know. The circumstances are thus: My father made an SEIS investment in June 2019. Unfortunately, he passed away in May 2020 and so I, as executor, completed his 2019-2020 and 2020-2021 tax returns based on the information gathered through the probate period. A few months later I discovered an SEIS form for an investment made in June 2019. I wrote to HMRC to amend the IHT return and claim the income tax relief against 2019-2020 (being the tax year of the investment). They processed the claim and issued a refund, taking tax due in 2019-2020 to zero. I then became aware of a loss on an investment that occurred before he passed, which was eligible to be set against income tax for 2019-2020, and made a further amendment to do so. This was accepted by HMRC - however, there was no refund as the previous claim had reduced the tax paid to zero. The SEIS relief is no longer required against his 2019-2020 return and, had I known the full circumstances at the time of making the initial claim, I would have carried this back to 2018-2019 (where there is tax that can be reclaimed). What are the rules on amending an EIS/SEIS claim under such circumstances?

Hi Rob Oakley,
The amendment to the claim still falls within these timescales. you can still send in an amendment
If doing so, please reiterate the loss claim for 19/20 so that a charge is not then raised incorrectly for move the year of the SEIS claim.
Thank you. 

Thanks. That was my interpretation of the rules, however the HMRC employee who processed the request won't allow it as he says the deadline to amend was Jan 31st 2022. Is there a way to appeal and have someone else consider it?

Hi Robert Oakley,
A claim for SEIS relief cannot be made more than 5 years after 31 January following the tax year in which shares were issued.
For example EIS shares issued in 2011-12, any claim must be made by 31 January 2018.  
The time limit to claim losses, however, is 4 years after 31 January following the tax year in which shares were issued.
Thank you.