Common pitfalls to avoid with SEIS
The biggest mistake companies make is not getting advance assurance before issuing shares. This can lead to nasty surprises if HMRC later rejects the application.
Investors sometimes forget about the three-year holding period. Sell too early, and HMRC will claw back that tax relief you claimed.
For example, even if the value of the same investment remains unchanged after three years, selling before the holding period ends can trigger a loss of relief and different tax consequences.
Misunderstanding the connection rules is another common error. If you’re too closely connected to the company, you won’t qualify for relief.
Companies sometimes issue SEIS shares before actually receiving the money from investors. HMRC considers this improper and may disallow claims. SEIS relief is specifically designed to compensate for the risk capital that investors put at stake in early-stage companies.
Missing deadlines for submitting the compliance statement (SEIS1) to HMRC can jeopardise the arrangement. Companies have three years to do this, but earlier is better. Remember, capital gains tax (CGT) applies to profits from selling shares, but SEIS can provide relief from CGT in qualifying cases.
SEIS FAQs
Q: What is the maximum amount I can invest under SEIS per tax year?A: You can invest up to £200,000 in SEIS-qualifying companies each tax year. This maximum figure allows you to claim generous tax reliefs on a substantial amount of investment, making it easier to support multiple small businesses.
Q: How do I claim income tax relief under SEIS?A: To claim income tax relief, you need to have a sufficient income tax liability and hold your SEIS shares for at least three years. You can claim income tax relief on your Self Assessment tax return, which will reduce your income tax bill for the same tax year or the previous tax year if you choose to carry back the relief.
Q: What is the difference between SEIS and EIS?A: Both the Seed Enterprise Investment Scheme (SEIS) and the Enterprise Investment Scheme (EIS) are venture capital schemes designed to encourage investment in small businesses. SEIS targets very early-stage companies and offers more generous tax reliefs, including 50% income tax relief and full capital gains tax exemption. EIS is aimed at larger, more established companies and provides 30% income tax relief with higher investment limits.
Q: Can I claim loss relief under SEIS?A: Yes, if your SEIS shares are sold at a loss, you can claim loss relief against your income tax or capital gains tax. This can help reduce your tax bill in the tax year you sell the shares or even the previous tax year, making SEIS investments less risky.
Q: How do I know if a company is SEIS-qualifying?A: To check if a company is SEIS-qualifying, look for information on the company’s website or ask the company directly. You can also confirm the company’s SEIS status with HMRC. Only investments in SEIS qualifying companies are eligible for all the tax reliefs.
Q: Can I invest in SEIS through a venture capital trust?A: Yes, you can invest in SEIS through a venture capital trust (VCT). VCTs invest in a range of qualifying companies, allowing you to diversify your investments and benefit from the tax advantages of SEIS and other venture capital schemes.
Q: What are the tax advantages of investing in SEIS?A: SEIS offers a range of tax benefits, including 50% income tax relief, capital gains tax exemption, reinvestment relief, and loss relief. These generous tax reliefs can significantly reduce your overall tax liability and make investing in small businesses more attractive.
Q: How do I claim SEIS tax relief?A: To claim SEIS tax relief, complete your Self Assessment tax return and include details of your SEIS investment, such as the amount invested and the date of investment. You’ll need your SEIS3 certificate from the company. You can claim SEIS tax relief up to five years after the 31 January following the end of the tax year in which you made the investment, giving you plenty of time to claim relief on your investments.