The appellant owned 6.9% of the ordinary share capital in a company but without right to vote. The tax payer had been promised voting rights in early 2012 but the necessary resolutions had not been passed until a year later in January 2013. The company was later bought out in August 2013. The First Tier Tribunal held that any voting rights or right to acquire voting rights owned by the appellant did not satisfy the criteria for entrepreneurs’ relief on the basis that voting rights were due to the holding of the stated shares.