SEED ENTERPRISE INVESTMENT SCHEME (SEIS)

What is it?

It is an HM Revenue & Customs approved scheme to help small, new Limited Companies to raise equity finance.

What Companies does it apply to?

Carries on a qualified trade (see Appendix).

Not a quoted Company.

Been trading for less than two years.

Have fewer than 25 employees.

Have less than £250,001 of gross assets (plant, stock, debtors, cash, etc.).

Must be its first trade since incorporation.

Must not be controlled by another Company.

Must be UK resident.

How much SEIS funds can be raised?

This is limited to £150,000.

How long has the Company got to spend the money?

Within three years of the date the shares are issued.

Who can get tax relief?

Any individual subscribing for new ordinary shares which must be held for three years.

The shares must be paid for.

70% of the money invested must be spent before relief can be claimed.

The individual cannot, with their direct relatives, control more than 30% of the Company.

The individual cannot be an employee of the Company within three years unless they are also a Director.

Cont/d......

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How much tax relief can I get?

50% of an annual investment up to a maximum of £100,000 regardless of the rate of income tax payable, and

Capital Gains Tax relief of the value invested but for 2012/13 only.

No Capital Gains Tax on a sale of the SEIS shares after three years.

When does it start?

From 6th April 2012 for the 2012/13 tax year.

How do I lose my SEIS relief?

If within three years you become an employee without being a Director.

You end up controlling more than 30% with your associates.

The Company ceases to be qualifying.

You sell the shares within three years or receive value from the Company.

Summary

This may well become a major tax relief as well as providing very important funding for Small Companies.

In the above examples the individual could get £7,800 of tax relief for an investment of £10,000, a maximum tax relief of 78%.

All this and a Capital Gains Tax free disposal after three years.

As with all things the actual legislation for SEIS is complex and, as this is purely a simple guide, detailed advice should be obtained prior to entering into an SEIS investment.

APPENDIX

What is a Qualifying Trade?

A qualifying trade is one which is conducted on a commercial basis with a view to the realisation of profit.

Most trades qualify, but some do not. A trade does not qualify if it consists wholly, or substantially, of ‘excluded activities’. HM Revenue & Customs won’t regard activities as ‘substantial’ unless they are more than 20% of the whole.

The following activities are excluded:-

Dealing in land, in commodities or futures in shares, securities or other financial instruments.

Dealing in goods, other than in an ordinary trade of retail or wholesale distribution.

Financial activities such as banking, insurance, money-lending, debt-factoring, hire-purchase financing or any other financial activities.

Leasing or letting assets on hire, except in the case of certain ship-chartering activities.

Receiving royalties or licence fees (though if these arise from the exploitation of an intangible asset which the Company itself has created, that is not an excluded activity).

Providing legal or accountancy services.

Property development.

Farming or market gardening.

Holding, managing or occupying woodlands, any other forestry activities or timber production.

Shipbuilding.

Coal production.

Steel production.

Operating or managing hotels or comparable establishments or managing property used as a hotel or comparable establishment.

Operating or managing nursing homes or residential care homes, or managing property used as a nursing home or residential care home.

Generating or exporting electricity which will attract a Feed-in Tariff, unless generated by hydro power or anaerobic digestion, or unless carried on by a community interest Company, a co-operative society, a community benefit society or a Northern Ireland Industrial and provident society.

Providing services to another person where that person’s trade consists, to a substantial extent, of excluded activities, and the person controlling that trade also controls the Company providing the services.