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Hopeless investment

31 January 2014
Issue: 4438 / Categories: Tax cases , Income Tax , Investments

R Brown (TC3118)

The taxpayer submitted his 2005/06 tax return in January 2008 claiming income tax relief under TA 1988 s 574 on the basis shares in a company had become of negligible value. HMRC refused the claim because the shares continued to have hope value.

The taxpayer had bought 1 000 shares in a research and development business for £250 000 in 2002. The company fell into financial difficulties and was kept afloat by a single investor who was also the managing director.

New shares were released in 2005 at £1 each which the Revenue cited at the taxpayer’s the First-tier tribunal appeal as evidence that the shares were not of negligible value.

The tribunal disagreed saying an offer of shares at £1 did not give the taxpayer’s shares the same value. An investor who looked at the company’s 2004 and 2005 accounts would see that liabilities exceeded...

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