In R Ames v HMRC [2015] TC04523, an Enterprise Investment Scheme (EIS) investor failed to secure Capital Gains Tax (CGT) relief. He had failed to make an Income Tax relief claim, having no taxable income in the year in which he had made his investment.

The Tribunal dismissed the appeal, stating that the only reasonable interpretation of the relevant section is that CGT disposal relief is only available where an amount of Income Tax relief is attributable to the shares. The meaning of that term was to be found in ICTA s.289B, being a reference “to any reduction made in the individual's liability to Income Tax which is attributed to those shares”.

UPDATE: The Upper Tribunal upheld the FTT decision but allowed Mr Ames claim to judicial review in respect of his later claim to Income Tax relief, remitting this back to HMRC to decide. 

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R Ames v HMRC