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Hoopla Animation Ltd (formerly known as Daisy Boo and Monkey Too Ltd) v HMRC [2025] UKUT 28 (TCC) The taxpayer company was a special purpose vehicle incorporated to commercialise intellectual property in a pre-school animation concept. It formed part of a wider group through which third party investors placed capital into special purpose vehicles. The plan was that those third party injections would qualify for the Seed Enterprise Investment Scheme (SEIS) and the Enterprise Investments Scheme (EIS), respectively. Investment was made by third party investors into such special purpose vehicles through the group, and the structure was intended to secure those outcomes. As part of the arrangements, the company entered into a production services agreement (PSA) with another group company, under which that company would provide all aspects of production and delivery of episodes of the animation, in return for payment. Although the tribunal allowed the company’s appeals on the EIS trading requirement and the risk-to-capital condition, the FTT concluded there were disqualifying arrangements within ITA 2007, s 178A,...