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 substitute claim under the latter scheme to correct the error.
In June 2014, the appellant’s advisers wrote to HM Revenue and Customs (HMRC) requesting advance assurance for seed enterprise investment scheme (SEIS) purposes. In July 2014, HMRC provided the advance assurance that it would be able to authorise the company to issue compliance certificates in respect of shares to be issued, following the receipt of a satisfactorily completed form SEIS1.
On 20 July 2015, 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 SEIS purposes (on form SEIS1), but the wrong form was used in error. HMRC subsequently issued an authority
