This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

First-tier Tribunal made error of law in deciding that taxpayer was entitled to coronavirus support payments

By Mark McLaughlin, October 2025

The First-tier Tribunal erred in deciding that the taxpayer was entitled to Coronavirus Self-Employment Income Support Scheme payments, and the respondent was not a qualifying person at the relevant time because he was not self-employed but a director or employee of a limited company which was trading. 

On 18 May 2020 and 8 September 2020, the respondent made claims for the first and second Coronavirus Self-Employment Income Support Scheme (SEISS) grants. At the time of making the claims, the respondent was the sole director and shareholder of a company (MWDL). The respondent was appointed as the sole director on 5 July 2018 and continued to act as such until MWDL was dissolved in July 2021.  

HM Revenue and Customs (HMRC) subsequently determined that the respondent was not entitled to either of the SEISS payments because, when the first and second claims were made, the respondent was not a ‘qualifying person’ (within the

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Share loss carry back claim successful but trade loss carry-back claims failed
By Mark McLaughlin, April 2026
Trade was carried on commercially but not with a view to the realisation of profits
By Mark McLaughlin, August 2025
Company did not satisfy the commercial trading or risk to capital requirements
By Mark McLaughlin, February 2022
Covid-19 was not a special circumstance for failing to submit real-time information returns
By Mark McLaughlin, January 2021
No trading deduction allowed for interest paid by partners rather than by the partnership
By Mark McLaughlin, October 2020