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.

SEISS payments were recoverable by HMRC as the individual was not self-employed at the relevant times

By Mark McLaughlin, December 2022

The taxpayer was not eligible for self-employment income support scheme payments as he was not self-employed at the relevant times, so HMRC could recover the payments made. 

The appellant’s self-assessment return for the tax year 2018/19 tax year disclosed that the appellant had ceased self-employment as a fitness trainer on 31 July 2018 and that he had been employed thereafter by his company (‘Coach JT Ltd’). The appellant had been appointed as a director of Coach JT Ltd on 13 July 2018, the company having been incorporated on that date. 

On 14 May 2020, the appellant applied online for a support payment through the self-employment income support scheme (SEISS). HM Revenue and Customs (HMRC) made a payment of £2,426 on 18 May 2020. A further claim for a SEISS payment was made on 20 August 2020, and HMRC made a payment of £2,123 on 24 August 2020. 

HMRC subsequently opened a SEISS post-payment

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

One of the taxpayer company’s grounds for appealing a First-tier Tribunal decision in an IR35 case was refused
By Mark McLaughlin, February 2026
Corrective action form could not be used to make further consequential tax return amendments
By Mark McLaughlin, October 2025
Sums received on a capital reduction were transactions in securities
By Mark McLaughlin, July 2025
Late filing penalties upheld as tax return filing notice did not need to be issued by an HMRC officer
By Mark McLaughlin, October 2024
Application to strike out HMRC application for tax-related penalty over information notice allowed
By Mark McLaughlin, September 2024