Is your company eligible for EIS?
Your business needs to be an unquoted UK company with a permanent establishment in the UK. Being listed on AIM is fine, but not on the main stock exchange. Size matters, your gross assets must not exceed £15 million before investment and £16 million after. For inheritance tax relief, only qualifying assets are eligible for Business Relief or Agricultural Relief, and the value of these qualifying assets will impact the available relief, especially with new caps applying from 2026.
You’ll need fewer than 250 full-time employees. This increases to 500 for knowledge-intensive companies.The company must be carrying on a qualifying trade. Many sectors qualify, but some like property development, hotels, and financial services are excluded. Social investment tax relief is another scheme with specific eligibility criteria, so be sure to check if your business or investment qualifies.
When structuring your share capital, subscriber shares held by existing shareholders can affect EIS eligibility, so it’s important to consider how these shares are issued and held.
Timing counts too, you can’t have been trading for more than 7 years. Knowledge-intensive companies get 10 years. When applying for EIS, you must submit a compliance statement to HMRC, which certifies that your scheme meets all the necessary conditions for tax relief eligibility.
EIS Shares: What Investors Need to Know
EIS shares come with a suite of tax benefits that can make a real difference to your investment returns. Investors can claim income tax relief of up to 30% of the amount invested, enjoy tax-free growth on their EIS shares, and defer capital gains tax by reinvesting gains into qualifying companies. However, to unlock these tax reliefs, it’s crucial to ensure both you and the company meet the qualifying conditions set out by the Enterprise Investment Scheme.
The company must be an unquoted trading business with gross assets below the specified threshold and a permanent establishment in the UK. As an investor, you need to have sufficient income tax liability to claim the relief, and you must hold your EIS shares for at least three years to keep the income tax relief and benefit from tax-free growth. Knowledge intensive companies, those focused on innovation, research, or technology, may offer even greater tax incentives and higher investment limits.
By understanding the requirements for EIS shares and the tax benefits they offer, you can make smarter decisions about where to invest, how to structure your portfolio, and how to reduce your overall tax liability. EIS shares are a powerful tool for investors looking to support high-growth companies while maximising their tax advantages.
Getting EIS investment: The journey
First, an investor purchases new shares in your qualifying company. These must be ordinary shares with no special rights. Most companies apply to HMRC for advance assurance before seeking investment. It’s not mandatory but gives investors confidence. An advance assurance letter is a document from HMRC providing a preliminary indication that your company’s share issue is likely to meet the requirements of venture capital schemes such as EIS or SEIS, offering some comfort to investors, though it does not guarantee tax relief.
After issuing shares, the company applies for EIS3 certificates from HMRC. Investors need these to claim their tax relief. The three-year minimum holding period starts from when shares are issued. Or when trading begins, if that’s later. If the company ceases to qualify during this period, investors may lose their tax relief and could be required to repay it.
Investors can claim tax relief up to 5 years after the January 31st following the tax year of investment.
The availability of EIS and SEIS reliefs depends on individual circumstances, so professional advice should be sought.