A company that mistakenly submitted to HMRC a compliance statement for the enterprise investment scheme instead of the seed enterprise investment scheme could not make a supplementary claim under the latter scheme in order to correct the mistake.
The appellant company issued shares to eight initial investors in September 2012. Further shares were issued in December 2013 and January 2014 in exchange for additional investments. In March 2013, the appellant sent a compliance statement to HMRC on form EIS1, relating to the enterprise investment scheme (EIS). The appellant had intended submitting a compliance statement for the seed enterprise investment scheme (SEIS), but the wrong form was used due to an inadvertent and innocent mistake.
In May 2013, HMRC authorised the appellant to issue EIS compliance certificates to the eight original investors. In April 2014, the appellant submitted further compliance statements, this time on
