Overview of the Key Aspects of EIS Tax Relief:
Income Tax Relief
- You can claim income tax relief of up to 30% on your investment.
- For example, a £100,000 investment could potentially result in a saving of £30,000 on your income tax bill.
- To qualify for this relief, you must have adequate income tax liability and hold the shares for a minimum of three years.
Generous Contribution Allowance
You can invest up to £1 million per tax year in EIS, or up to £2 million if the amount above £1 million is invested in knowledge-intensive companies.
Carry-Back
If you have sufficient allowance, you have the option to "carry back" the tax relief, offsetting it against the previous year's tax bill. This may allow you to reclaim taxes already paid.
Tax-Free Growth
When you realise EIS shares, you typically do not incur capital gains tax (CGT), provided you have claimed income tax relief on the shares and the companies still qualify for EIS.
Capital Gains Deferral
By investing your taxable gains in an EIS-qualifying investment, you can defer the capital gain for as long as the funds remain invested and the EIS conditions are met.
You can defer gains of any size made up to three years before or one year after the EIS investment. Even if you have already paid the tax, you can still defer the gain.
Once you withdraw your investment, the gain becomes taxable again, at the prevailing CGT rate. Alternatively, you can reinvest in another EIS to continue deferring the gain.
Inheritance Tax Relief
An investment in an EIS-qualifying company may be eligible for 100% relief from inheritance tax, provided it is held for a minimum of two years until the time of death.
Loss Relief
In case of adverse outcomes, you can choose to offset any losses against your income tax bill, after deducting the income tax relief already received. For instance, an additional-rate taxpayer could potentially reduce a total loss of £1 to 38.5p. Please see more on loss relief below.
Since its inception in 1994, the Enterprise Investment Scheme (EIS) has been instrumental in raising over £24 billion across more than 30,000 small businesses.
Investing in small companies inherently carries risks and uncertainties. While some companies may thrive exceptionally well, others may face challenges or even fail.
The government’s tax incentives serve as a valuable safeguard against the risks associated with EIS investments. These incentives help mitigate the impact of underperforming investments and amplify the benefits of successful ones.
However, it’s essential to be aware that tax regulations can change, and the specific benefits of EIS tax relief may vary depending on individual circumstances.
When considering investing £100,000 in an Enterprise Investment Scheme (EIS), it’s crucial to understand that the income tax relief of up to 30% can substantially reduce the effective net cost, potentially reaching as low as £70,000. The following table illustrates how this, coupled with loss relief, can impact your returns, regardless of the investment’s performance.
Loss relief enables you to offset any losses against your income tax. For instance, if your investment becomes worthless, you could potentially deduct the £70,000 loss from your taxable income. This offers a potential tax savings of £31,500, resulting in a maximum effective loss of only £38,500 (calculated as the effective cost of £70,000 minus the loss relief of £31,500). Conversely, if your investment experiences a 50% growth due to tax relief, you could potentially achieve an effective gain of 80%.
Loss relief for EIS investments allows losses to be offset against income tax or capital gains tax liabilities. To claim, the realised value of the investment must be below the effective cost, and sufficient tax liabilities must exist. The relief amount is calculated based on the allowable loss and the investor’s marginal tax rate or capital gains tax rate.
If you complete a self-assessment tax return, you can claim EIS losses against either income tax or capital gains tax by completing the relevant part of the SA108 form.
Loss relief claimed through self-assessment may reduce the amount of tax you need to pay for the relevant tax year. This can also be claimed retrospectively, so if too much income tax has been paid HMRC may issue a refund for the excess.
For more information on EIS Investing, click below:
1. There is still a risk of losing money even if you claim loss relief. Investing in early-stage companies through the EIS carries inherent risks, and the value of investments can go down as well as up. Loss relief can help mitigate the impact of a loss, but it does not completely eliminate it.
2. Tax treatment is subject to change and depends on individual circumstances. Tax reliefs are contingent on the portfolio companies maintaining their EIS-qualifying status. It is possible to claim loss relief on individual holdings sold at a loss, even if the overall portfolio performance is positive.
3. Inherited EIS shares cannot be used to claim loss relief if their value has declined. When EIS shares are inherited, loss relief is not available to the beneficiary even if the shares have significantly depreciated since the original investment. HMRC considers the market value of the shares at the time of death for the calculation, and any subsequent decrease in value could potentially be claimed as a capital loss for Capital Gains Tax (CGT) purposes.
4. Seek professional advice for personalised information. It is advisable to consult with a professional advisor for comprehensive guidance on these matters.
5. A negligible value claim can be made if the investment becomes worthless. Investors may be eligible to make a claim for a negligible value if their shares in an EIS-qualifying company have become worthless or nearly worthless. This claim can be made to HMRC by providing information that the shares have no value remaining.
Disclaimer: Stockbrook Capital (UK Reg: 10553595) is a global, multi-asset introducing broker (IB) working in partnership with companies and organisations fully authorised and regulated by the Financial Conduct Authority (FCA) to offer suitable investors access to growth-focused investment instruments in public and private markets. Stockbrook Capital does not provide investment advice. You should not construe any information or other material provided as legal, tax, investment, financial, or other advice. Past performance is not a reliable indicator for speculating future returns. As with all investments, your value can rise and fall, and you may get back less than you put in. The services offered by Stockbrook Capital are strictly for professional investors only. It is essential that you check your eligibility for making investments and that you seek financial advice from an authorised advisor. Before receiving any investment particulars, you must classify yourself as a professional investor and declare that you understand all risks associated with the offering. All content provided by Stockbrook Capital is for informational and educational purposes only and is not meant to represent trade or investment recommendations.
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