The First-tier Tribunal did not have any jurisdiction to consider HMRC’s refusal to allow the appellant’s late claim for EIS income tax relief, and the appellant’s appeal against HMRC’s tax return enquiry closure notice had no reasonable prospects of success. 

On 1 September 2013, the appellant was issued with shares following an investment in a company. On 12 November 2019, the appellant disposed of his shares. On 2 November 2020, the appellant submitted his self-assessment return for the tax year 2019/20, which included a claim for enterprise investment scheme (EIS) disposal relief. HM Revenue and Customs (HMRC) opened an enquiry into the appellant’s return. On 28 January 2022, the appellant’s agent made a late claim for EIS income tax relief for 2012/13. The claim was rejected by HMRC. A closure notice was subsequently made on the basis that the appellant did not meet the conditions for an EIS income tax relief claim.