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Enterprise Investment Schemes
2009/10 tax year Budget Changes: 2008 2009
Clubfinance can arrange your Enterprise Investment Scheme ('EIS') investment on an execution-only basis, although due to the way some EISs are set up we cannot arrange every EIS available. Arranging your EIS through Clubfinance, as a minimum, you will benefit from:
For some EISs, some or all of the commission paid to intermediaries represents an additional cost that you would not incur by investing direct. In these circumstances we only take 25% of the available commission if, by doing this, it is cheaper for you to go through Clubfinance. CLICK HERE FOR A LIST OF OPEN EISs & OUR DISCOUNTS The Government offers tax breaks for individuals investing in small high-risk companies through various Venture Capital Schemes, including the Enterprise Investment Scheme (EIS) and the Venture Capital Trust (VCT) scheme.
EISs are high risk investments and may only be
suitable as medium or long-term investments. You can lose tax reliefs if
you do not hold your EIS for the required period (see
tax notes below). Clubfinance Ltd. offers an
execution-only service; Clubfinance does not give advice or
recommendations,
and does not assess the appropriateness of an investment for the investor. If you have any doubts as to the suitability
or appropriateness of a
particular EIS, or EISs in general, or you
require advice of any kind (including tax advice), you should contact
another appropriate firm that does give advice
and/or
assesses appropriateness. |
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Contents
What is an EIS? |
EIS & VCT e-mail updatesTo subscribe to our EIS & VCT e-mail update service please use the following form. Our e-mails will let you know when we have added new EIS and VCT investments to our website. |
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Enterprise Investment Schemes are designed to help certain types of small higher-risk unquoted trading companies to raise capital. Investors are provided with a range of tax reliefs for investing in eligible shares in these qualifying companies. There is a risk that these companies may not perform as hoped and in some circumstances they may fail completely. Depending on the type of EIS, the EIS may represent an investment in the shares of one or more than one EIS qualifying company. So, before you invest in an EIS, together with the risks inherent in EISs in general, you should consider the extent to which your investment risk will be spread over a number of companies. As EISs represent an investment in unquoted shares, it may be difficult to sell your investment. To qualify for EIS tax reliefs, both the shares and the company issuing the shares must meet various conditions. EIS tax reliefs will be lost if the company or the share issue does not satisfy the conditions throughout the required period. Although the company can obtain advance assurance, please note that it cannot be determined in advance whether the conditions of the Enterprise Investment Scheme will be met. The fact that an investment qualifies for EIS tax reliefs does not guarantee the safety or success of any investments you make in an EIS. EIS qualifying companies can be start-ups as well as established companies, and need not be incorporated or resident in the UK. Companies must meet certain conditions including that the relevant assets of the company (or group of companies) may not exceed £7 million immediately before the investment and £8 million immediately afterwards. In addition, the EIS qualifying company must have fewer than 50 full-time employees (or their equivalents), and there is also a £2 million limit on the total amount that can be raised by a single company under the various venture capital schemes (including the EIS). The funds raised must be used for the purpose of a qualifying trade carried on wholly or mainly in the UK or another qualifying business activity. Most kinds of trade can qualify including: manufacturing; the provision of services; construction; and retail and wholesale distribution. Recent budget changes have reduced the maximum size of company that qualifies for the EIS, meaning that EIS investments available now may carry a higher risk than those taken out in the past. Subscriptions must be for new ordinary shares. Throughout the period of three years beginning with the date on which they are issued, the shares must not carry any preferential rights or any right to be redeemed. If the shares were issued to raise money to enable the company to prepare to carry on a qualifying trade, the 'three-year' period begins when the shares are issued and ends three years after the company (or subsidiary) begins to carry on that trade. As with any share-based investment, the value of an EIS depends on the performance of the company or companies in which you invest. The value of the investment and the dividend stream (if any) can rise and fall. So you may get back less than you originally invested, even taking into account the tax breaks. EISs carry initial charges and costs together with annual costs, charges and fees, some of which may be performance related. These can be complex. Please refer to the product documentation for the EIS(s) you are interested in for details. The levels of charges for EISs may be greater than Unit Trusts and Open Ended Investment Companies. The different types of EISIn all cases the underlying investment is EIS Shares, i.e. eligible shares in qualifying companies for EIS purposes. A brief explanation of the different types of EIS is included below: Individual EIS SharesEIS Shares represent a direct investment in the eligible shares of a single qualifying company. For tax purposes the relevant date is the date on which the shares are issued (see also carry back for income tax relief). Tax relief will generally be gained on the whole amount invested. EIS FundsInvestment through an EIS investment fund allows money pooled from a number of investors to be subscribed for EIS Shares in a range of companies selected by the fund manager. EIS Funds can be approved or unapproved (see below). The minimum subscription must be not less than £2,000. Note that many EIS 'Funds' (including Approved Investment Funds - see below) are structured as discretionary portfolios, with all investors having the same portfolio of shares. Whereas Approved Investment Fund status is clear cut (see below), the underlying structure of the investment vehicle may be more like an EIS Managed Portfolio. Approved EIS Funds (Approved Investment Funds ('AIF's))Approval, which is given by the Board of Inland Revenue, does not guarantee the safety or success of the investments made through the fund in question. It simply means that the fund satisfies certain administrative criteria laid down by the Board. The main ones are:
AIFs enjoy two tax advantages:
Tax relief will only be gained on amounts actually invested in EIS shares. Any charges deducted by the fund upfront from your subscription for example, will not attract tax relief. Unapproved EIS FundsUnapproved funds do not have to satisfy the criteria relating to the number or timing of investments in EIS Shares. The minimum investment by each investor in each EIS qualifying company is £500 if tax relief is to be obtained. It can be difficult to classify a product as either an Unapproved EIS Fund or an EIS Managed Portfolio. For the purposes of this website, we generally classify products that are limited by a closing date and/or a maximum amount to be raised, as Unapproved EIS Funds. Depending on the product, investors in Unapproved EIS Funds may generally all invest in the same EIS Companies, or there may be some variation, for example if the fund is open and making investments over a long period. For tax purposes the relevant dates are the dates when the EIS Shares in which the fund invests are issued, not the date when you invest the fund, and not when the fund closes (see also carry back for income tax relief). Tax relief will only be gained on amounts actually invested in EIS Shares. Any charges deducted by the fund upfront from your subscription for example, will not attract tax relief. EIS Managed PortfoliosAn EIS Managed Portfolio is a discretionary portfolio which is, or is to be, invested wholly or mainly in EIS Shares. These are usually individual arrangements (individual investors may have different portfolios), which are generally tailored to each investor's requirements. For tax purposes the relevant dates are the dates when the EIS Shares in which the Portfolio invests are issued, not the date when you put funds into the Portfolio (see also carry back for income tax relief). Tax relief will only be gained on amounts actually invested in EIS Shares. Any charges deducted by the Portfolio upfront from your subscription for example, will not attract tax relief. Risk WarningsEISs are high-risk investments and may only be suitable as medium or long-term investments. Clubfinance Ltd. offers an execution-only service; Clubfinance does not give advice or recommendations. EISs are complex products and are not suitable for all investors. If you have any doubts as to the suitability of a particular EIS, or EISs in general, or you require advice of any kind, you should seek a personal recommendation from a professional adviser. Do not invest in an EIS unless you have carefully thought about whether you can afford it and whether it is right for you. Please refer also to the risk warnings and other information contained within the Prospectus, brochure, particulars, information memorandum, offer document, or other product documentation for the EIS that you have chosen, together with Clubfinance's Terms of Business. EIS investments include: direct investment in an individual EIS share; investment in an EIS fund (including Approved Investment Funds and unapproved funds); and investment in an EIS managed portfolio. Funds and portfolios invest wholly or mainly in EIS shares. General
Spread of risk
Taxation
Charges & performance fees
Security of capital
Selling your investment
Tax notesEISs carry certain tax advantages. Below is a brief summary of some of the major points relating to EIS Shares purchased in the current tax year 2009/10. This is an overview only and cannot cover the full complexities of the tax rules. See also 'What is an EIS?' and 'The different types of EIS' above. Please note that tax rules can change at any time. For more information please see the HM Revenue & Customs website and the product documentation for your chosen EIS. You can see the 2009/10 budget release from HM Revenue & Customs ('HMRC') by clicking here, and you may also find the following HMRC helpsheets useful. Due to the complexity of the tax reliefs, if you are in any doubt, you should consult a tax adviser. IntroductionThere are various tax advantages that you may be entitled to by investing in eligible shares in qualifying companies for EIS purposes:
You must keep your investment for at least three years* after the date on which the shares were issued if you do not want to have any Income Tax relief withdrawn. You can sell some or all of your shares within this period, but you will lose some or all of the relief on the shares concerned, and any capital gain arising from the disposal will be taxable. * if the shares were issued to raise money to enable the company (or a subsidiary) to prepare to carry on a qualifying trade the 'three year period' begins when the shares are issued and ends three years after the company or subsidiary begins to carry on that trade. Please note that special rules apply if you want to become a paid director of a company in which you invest. Please note that dividends from EIS shares are not exempt from Income Tax. Income Tax relief
(See also 'The
different types of EIS' above). Income Tax relief at 20% of the amount actually invested in EIS Shares is available to be set against any Income Tax liability that is due, whether at the lower, basic or higher rate, but relief will be limited to the amount that reduces the investor's Income Tax liability to nil. Claims for Income Tax relief are usually made before it is known whether all the conditions of the EIS have been satisfied in relation to the company and the shares. If it turns out that any of those conditions are not met, any Income Tax relief obtained will be withdrawn in full. To be eligible for Income Tax relief, investors must not be connected for EIS purposes with the companies in which they invest. However, an unconnected person who invests in a company and then becomes a paid director of it may be eligible for relief despite becoming connected with the company for EIS purposes on account of the paid directorship. Investors who do not qualify for Income Tax relief because they are connected with the companies for EIS purposes may still qualify for deferral relief (see below). An investor's Income Tax relief will also be wholly or partly withdrawn in a number of other circumstances, many of which would trigger a chargeable event in relation to shares to which deferral relief is attributable. There are six main circumstances.
* if the shares were issued to raise money to enable the company (or a subsidiary) to prepare to carry on a qualifying trade the 'three year period' begins when the shares are issued and ends three years after the company or subsidiary begins to carry on that trade. Income Tax Relief Carry BackInvestors may elect to carry back all or part of their EIS investment in to the tax year prior to the tax year in which eligible shares are issued (or in the case of an Approved EIS Fund, the fund closes). The level of relief carried back is limited only by the £500,000 limit in any one tax year. In other words if no EIS claim was made in a previous tax year then income tax relief could be claimed on up to £1 million subscribed for EIS shares, with £500,000 being carried back to the previous year and £500,000 remaining in the current year. This is provided there is sufficient income tax liability to offset. While this has the effect of carrying back some or all of the relief to the preceding tax year, it has no bearing on the 'relevant periods' which apply to those shares. Capital Gains Tax exemptionProvided that no Income Tax relief has been withdrawn, a gain which arises after at least three years* on the disposal of any of the shares, on account of their increase in value over the holding period, will be exempt from Capital Gains Tax where the investment limit is not exceeded (£500,000 for 2009-10). Some Capital Gains Tax may be payable where the limit is exceeded or where the relief has been partly (but not wholly) withdrawn. * if the shares were issued to raise money to enable the company (or a subsidiary) to prepare to carry on a qualifying trade the 'three-year period' begins when the shares are issued and ends three years after the company or subsidiary begins to carry on that trade. Capital Gains Tax Deferral ReliefWhen a chargeable gain arises, it is usually assessed for the tax year in which it arises. Deferral relief enables you to postpone the gain until a later tax year if you subscribe for eligible shares in a qualifying company for EIS purposes, by making a claim to have some or all of the amount you subscribed for the shares concerned set against the chargeable gain. The gain is deferred until a chargeable event occurs in relation to the shares. A gain equal in amount to the amount of the deferred gain (or in some cases part of the amount of the deferred gain) is treated as arising when a chargeable event occurs. When chargeable events occur (e.g. disposal, the shares ceasing to be eligible, or the company ceasing to be qualifying) the deferred gain is brought back into charge. In some cases, shares that cease to be eligible may be treated as though they were never eligible. Deferral relief can be claimed by individuals and by the trustees of certain trusts, and you can still qualify, even if you are connected with the company for EIS purposes. The deferral relief shares must be issued in the period beginning 12 months before, and ending three years after, the accrual of the gain on which relief is claimed. Provided that the company issuing the shares is non rendered non-qualifying by the size of the issue (relevant assets must not exceed £8 million following the investment), there is no upper limit and no minimum amount that can qualify for deferral relief. Loss reliefIf you are an individual and dispose of shares (to which Income Tax relief is attributable) at a loss for Capital Gains Tax purposes, you may claim loss relief on an amount equal to the loss (less any Income Tax relief attributable to those shares) provided certain conditions are met. Loss relief is given as a deduction from your taxable income for the tax year in which the loss arises, or for the preceding tax year, or both if there are sufficient losses. Instead of claiming loss relief, you can, if you prefer, set the loss (less any Income Tax relief attributable to the shares) against chargeable gains in the usual way. Where you have insufficient income or gains to use up all of this adjusted loss, any unused part will be carried forward to set against chargeable gains arising in later tax years. In some cases, if Income Tax relief is not attributable to the shares when the loss arises, under some circumstances, it may still be possible for you to obtain loss relief. Inheritance TaxHoldings of EIS Shares may be exempt from Inheritance Tax by qualifying for business relief after a minimum holding period of two years. Please see the HMRC website for more information, click here. Open EIS SchemesThe following shows a list of EISs available for investment through Clubfinance. If there is an EIS open for investment which is not on the list please contact us using the form below. Please click on the EIS for further details including application forms.
How to invest - the processDocuments you need to read and retain can be accessed by clicking the icons against each EIS on our Open EISs page. If you have any difficulties please use the contact form below.
Contact FormFor product documentation and application forms, or further information, including a Commission Statement, please see our list of currently available EISs. If you require any further information or clarification, please use the form below to contact us. Please remember we offer an execution-only service. Please contact a financial adviser if you need advice.
* - we need this in order to provide you
with estimated commission and rebate details Some of the content of this page represents extracts from the HMRC website, www.hmrc.gov.uk, which is Crown copyright material. |
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Important Information Clubfinance Ltd is authorised and regulated by the Financial Services Authority. Clubfinance offers an execution-only discount broker service; Clubfinance does not give advice or recommendations. If you have any doubt about the suitability of a particular product or service, or you require advice, you should seek a personal recommendation from an appropriate firm that does give advice. Clubfinance does not produce the products it arranges, or manage the underlying investments. Payments must not be made to Clubfinance, but to the relevant product provider. Contact details for Clubfinance can be found under ‘contact us’. Users of this website should be aware of the following:
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