Cry Me A River Limited v The Commissioners for HMRC

Decision date: 12 June 2022

Neutral citation: [2022] UKFTT 182 (TC)

Overall AI summary confidence: high

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

Cry Me A River Ltd appealed HMRC’s refusal to authorise SEIS compliance certificates for two share issues dated 19 June 2018. The Tribunal found Cry Me A River met the risk-to-capital condition, was carrying on the qualifying activity as a co-producer, and that there were no disqualifying arrangements with Secret Channel Films Ltd. The appeal was allowed and HMRC was wrong to refuse the SEIS certificates for the two investors.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

The Tribunal held that, in the film-production context, a company’s role as a co-producer can amount to carrying on the company’s qualifying business activity for SEIS purposes, and that common industry structures such as special-purpose vehicles and subcontracting do not automatically prevent a finding that the company intended to grow and develop its trade (satisfying the risk-to-capital condition).

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The decision emphasises that contemporaneous documentary evidence is generally more reliable than later oral recollection and that industry practices (project-by-project fundraising, use of SPVs and subcontracting) are relevant contextual factors but are not necessarily dispositive against SEIS eligibility.