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Earlier Enterprise Investment Scheme Application Could Not Be Withdrawn

By Mark McLaughlin, October 2016
An appeal against HMRC’s refusal to authorise the issue of a compliance statement under the seed enterprise investment scheme was unsuccessful, as an earlier application under the enterprise investment scheme had previously been made.

The appellant company’s agents submitted enterprise investment scheme (EIS) Form EIS1 to HM Revenue and Customs (HMRC) on 30 September 2014, relating to an issue of shares on 15 August 2013. On 17 December 2014, HMRC authorised the company to issue compliance certificates under the EIS in relation to the share issue.

The appellant’s agents subsequently wrote to HMRC on 21 January 2015, stating that they wished to withdraw the EIS application, on the grounds that the wrong form had been submitted in error, and that a seed enterprise investment scheme (SEIS) compliance statement should have been submitted instead. HMRC refused to authorise the issue of compliance certificates under
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