Don’t invest unless you’re prepared to lose all the money you invest. These are high-risk investments and you are unlikely to be protected if something goes wrong. Take 2 mins to learn more.

×

Nearly everything you need to know about the Enterprise Investment Scheme (EIS)

But did not know where to ask

A Practical Guide to EIS.

Our FREE eBook guide will help you understand the EIS process.

  • What is the Enterprise Investment Scheme?
  • Which companies qualify as an EIS.
  • Explanation of the tax benefits.

Our eBook will save you valuable time and expense to get your company approved by HMRC and more importantly, be able to raise finance.

Fill in the form to request the eBook.

DOWNLOAD THE EBOOK NOW
Sapphire EIS Fund Guide - cover

EIS Qualifying Company Conditions

The conditions listed below must be met by a company to qualify for investment under EIS, both at the time of the investment and throughout the three-year minimum holding period. Otherwise, the company will not be qualifying, and investors will lose and/or face clawback of the tax reliefs given:

 

  • The first commercial sale occurred within the last seven years, or the last ten years for a Knowledge Intensive Company (KIC).

  • Have fewer than 250 full-time employees or fewer than 500 for KICs.

  • Carry out a qualifying trade.

  • Gross assets are less than £15 million before the investment and £16 million following the investment.

  • The company cannot be controlled by another company, meaning that another company should not own more than 49% of the company’s shares.

  • Not listed on a recognised stock exchange, excluding the Alternative Investment Market.

  • A permanent establishment in the UK.

  • Raise less than £5 million a year, with a maximum investment of £12 million over the company’s life.

  • The funds must be spent within two years of the investment.

  • Be able to demonstrate growth and development in the future.

  • Shares will be full-risk ordinary shares with no preferential arrangements in place.

  • There must be no capital preservation provisions, such as joint venture partnerships, in place.

Date of First Commercial Sale

The company must receive investment under EIS within 7 years of its first commercial sale.

To qualify for EIS, a company’s first commercial trading date must be within the last seven years, or ten years for knowledge-intensive companies. Companies can use either the date of commencement of trade when revenue was generated or when the business began marketing its product or service.

In the EIS application, HMRC will ask for both the date of incorporation and the company's first commercial trading date, if applicable. If the company has not yet begun trading, state this in the application and indicate that the investment raised will be used for preparation to trade. If HMRC has any reason to doubt the dates the company began trading, it will look for information both in the documents provided and what is available online.

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.

Download Your Free eBook Now

×

We're committed to your privacy. Sapphire Capital Partners LLP uses the information you provide to us to contact you about our relevant content, products, and services. You may unsubscribe from these communications at any time. For more information, check out our Privacy Policy.

Start your fund journey today

Schedule your free fund strategy consultation.