Common Pitfalls When Claiming SEIS CGT Relief
The three year holding period is crucial. Sell too early and you’ll lose the CGT exemption on your SEIS gains. I once advised a client who sold shares after just 30 months, thinking “about three years” was sufficient. He was devastated to learn he’d lost over £8,000 in tax benefits.
Be careful about becoming “connected” with the company after investing. If you start working for the business or increase your shareholding above 30%, you could invalidate your relief. Timing your claim correctly is essential. For reinvestment relief, you need to make your SEIS investment in the same tax year as the gain.
You can carry it back to the previous tax year, but you must claim within the specified timeframes. Some investors mistakenly think any small company qualifies. The reality is that the company must have received SEIS advance assurance from HMRC. It must continue to meet the qualifying criteria throughout the holding period.
Watch out for the “risk to capital” condition too. HMRC will deny relief if they believe your investment was structured to avoid risk rather than to grow a genuine business. If the company fails such as going bankrupt or being liquidated you may be able to claim SEIS loss relief, which can help offset your tax liability, but you risk losing your entire investment.
It’s vital to comply with all relevant tax regulations. Failing to follow the rules can result in increased tax liabilities and the loss of valuable reliefs, ultimately raising your overall tax liability. If you invest through an approved SEIS fund, the fund manager will receive compliance certificates (such as EIS3s) on your behalf and issue the necessary forms (like EIS5) for you to claim tax relief.