Exceptions to the seven-year rule
There are three circumstances under EIS, where a company qualifies despite the trade being carried out for over seven years:
Companies whose first commercial sale occurred more than seven years (or ten years for KIC) ago will not qualify for EIS unless they can meet at least one of the three conditions. HMRC will not accept any other circumstances than those listed:
- If a company received risk finance investment within seven years (or ten years for KIC) after the date of the first commercial sale, and the funds to be raised after the seven years are for the same trade.
- A company may qualify if it has at least 50% of its average turnover from the last five years of trade, and the investment is being used to enter a new product market or a new geographic location.
- If the company meets condition two, and the money raised is for the same trade.
Companies should be aware that these applications are more complex than those done within the first seven years of the company's date of first commercial sale.