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EIS2 form for EIS

Updated: Jan 25

EIS2 form for Enterprise Investment Scheme (EIS)

The EIS2 form is a critical part of the application process for the Enterprise Investment Scheme (EIS) in the UK. This form is used to apply for advance assurance from HM Revenue and Customs (HMRC), which is necessary for companies seeking EIS investment. The EIS2 form is a comprehensive document that requires companies to provide detailed information about their business, including their financial performance, ownership structure, and plans for growth. In this article, we will explore the EIS2 form in more detail, including its purpose, requirements, and benefits.


EIS2 form for Enterprise Investment Scheme (EIS)


The Enterprise Investment Scheme (EIS)

EIS was introduced as a government-backed initiative to stimulate investments in the UK's small and high-risk businesses. By offering tax incentives to investors, EIS aims to make it more appealing for individuals to invest in these businesses, which are often in their early stages and in need of capital. The scheme not only aids in capital infusion but also contributes to job creation and economic development.


Evolution and Recent Updates to EIS in 2024


As part of its continuous evolution, EIS has undergone several updates to adapt to the changing economic landscape. Notably, the year 2024 has seen significant changes:

  1. Increased Investment Limits: The threshold for companies qualifying for SEIS (Seed Enterprise Investment Scheme, a subset of EIS) was raised to £250,000, up from £150,000. Additionally, individual investors can now invest up to £200,000 in a new company, doubling the previous limit of £100,000.

  2. COVID-19 Impact and HMRC's Response: The pandemic's impact led HMRC to review guidance relating to the permanent establishment and financial health requirements in both EIS and SEIS schemes. These reviews resulted in more flexible guidelines, particularly considering the widespread adoption of hybrid and remote working models.

  3. Tribunal Cases and the Risk to Capital Condition: Several cases reaching the tribunal have highlighted the importance of evidencing the long-term growth intention of businesses seeking EIS investment. It is critical for companies to demonstrate the use of raised funds for sustainable business growth and to present a clear business plan.


The Importance of Advance Assurance

Given the strict application of conditions by HMRC, obtaining advance assurance for SEIS and EIS proposals has become more important than ever. This step provides a preliminary indication from HMRC that a company's proposed share issue is likely to qualify for EIS, thus offering reassurance to potential investors.


Professional Advice for EIS Compliance

The complexities and nuances of EIS, along with its evolving nature, make it advisable for companies and investors to seek professional guidance. This ensures compliance with the rules and maximizes the benefits of the scheme.

In conclusion, the EIS continues to be a vital mechanism for driving investment into the UK's smaller companies. The recent updates, particularly in response to the pandemic and economic shifts, reflect the government's commitment to adapting the scheme to current business realities. In the next part, we will delve deeper into the specifics of HMRC Form EIS2, its role, and its significance in the EIS process.



Understanding HMRC Form EIS2 and the EIS Compliance Process

HMRC Form EIS2, known as the "EIS Compliance Statement," is central to the Enterprise Investment Scheme (EIS) in the UK. This second part of the article focuses on understanding the significance of Form EIS2, its completion process, and its role in promoting investment and innovation in the UK.


HMRC Form EIS2: The EIS Compliance Statement

Form EIS2 is essential for companies seeking to raise funds through EIS and investors aiming to claim tax relief under the scheme. It serves as a declaration of compliance with the EIS rules and includes details about the company, the investor, the amount invested, and a declaration of compliance with the EIS rules. The form can be submitted electronically through the HMRC online portal.


What is the EIS2 Form?

The EIS2 form is a document required by HMRC as part of the EIS application process. It is used to apply for advance assurance, which confirms that a company is eligible for EIS investment. The form requires companies to provide detailed information about their business, including their financial performance, ownership structure, and plans for growth. The EIS2 form is a lengthy and complex document, and it requires careful attention to detail to complete accurately.


Requirements of the EIS2 Form

The EIS2 form is a comprehensive document that requires companies to provide detailed information about their business. The form has several sections, each of which requires different information. Here are some of the key requirements of the EIS2 form:


Company Information: The first section of the form requires companies to provide basic information about their business, including their registered address, company number, and date of incorporation.


Ownership Structure: The second section of the form requires companies to provide information about their ownership structure, including details of any shareholders or directors who own more than 30% of the company's shares.


Financial Information: The third section of the form requires companies to provide detailed financial information about their business, including their most recent accounts and financial projections for the next three years.


Business Activities: The fourth section of the form requires companies to provide information about their business activities, including details of any research and development projects, product development plans, and plans for expansion.


Compliance Information: The final section of the form requires companies to confirm that they meet all the requirements of the EIS scheme, including the requirement to use funds raised through EIS investment for qualifying business activities.



Benefits of the EIS2 Form

The EIS2 form offers several benefits to companies seeking EIS investment. Here are some of the key benefits of the form:


Eligibility Confirmation: The EIS2 form is used to apply for advance assurance, which confirms that a company is eligible for EIS investment. This confirmation can help to attract investors, as it provides reassurance that the company meets the necessary requirements for EIS investment.


Tax Relief: Companies that receive EIS investment can benefit from significant tax relief, including income tax relief, capital gains tax exemption, and loss relief. The EIS2 form is necessary to apply for this tax relief.


Investment Opportunities: EIS investment can provide companies with the capital they need to grow and expand their business. By completing the EIS2 form and receiving advance assurance, companies can attract investors and secure the funding they need to achieve their growth plans.


Compliance: By completing the EIS2 form, companies can ensure that they meet all the requirements of the EIS scheme. This can help to avoid any potential compliance issues in the future and ensure that the company is operating within the necessary legal and regulatory frameworks.



How to Fill EIS2 Form for Enterprise Investment Scheme (EIS)?

The form EIS2 is sent to you by HMRC which is a confirmation that you have passed their checks. You will get a Unique Investment Reference (UIR) number with it to be used for each share issue. To fill out the EIS2 form for the Enterprise Investment Scheme (EIS), follow these steps:


  1. Provide Company Details: In the first section of the form, provide the company's name, address, and registration number.

  2. Provide Investor Details: In the second section of the form, provide the investor's name and address, along with their national insurance number or tax reference number.

  3. Indicate the Amount Invested: In the third section of the form, indicate the total amount invested by the investor in the company's shares. This should include any amounts invested under the EIS, as well as any non-EIS investments.

  4. Indicate the Amount Eligible for Relief: In the fourth section of the form, indicate the amount of the investment that is eligible for EIS relief. This should be the total amount invested minus any amounts invested under the Seed Enterprise Investment Scheme (SEIS), if applicable.

  5. Provide Information on the Shares: In the fifth section of the form, provide information on the shares issued to the investor, including the date of issue, the nominal value of the shares, and the amount paid for the shares.

  6. Sign and Date the Form: In the final section of the form, both the company and the investor should sign and date the form.

  7. Submit The Form: The completed form should be submitted to HM Revenue and Customs (HMRC) along with the company's EIS compliance statement.


It's important to note that there are strict rules and regulations that apply to the Enterprise Investment Scheme, so it's advisable to seek professional advice from a qualified tax advisor before filling out the EIS2 form.



The Importance of Form EIS2


Form EIS2 is crucial because it:

  • Ensures that companies and investors comply with EIS rules.

  • Allows investors to claim tax relief on their investments.

  • Enhances transparency in tax reporting by providing clear evidence of compliance.

  • Contributes to a favorable investment climate by offering tax incentives.

  • Supports the UK government's efforts in encouraging investments in startups.


The EIS Compliance Process

The EIS compliance process involves several steps:

  1. EIS1 Compliance Statement: This is the company's application to HMRC. It includes supporting documents like the memorandum and articles of association, business plans, financial forecasts, and details of the trades and activities.

  2. Receiving EIS2 Form from HMRC: After reviewing the EIS1 application, HMRC issues Form EIS2. This form contains the Unique Investment Reference (UIR) number necessary for investors to claim tax relief.

  3. Issuing EIS3 Compliance Certificates to Investors: These certificates are given to investors to confirm their investment's eligibility for EIS tax relief. They show the UIR number assigned by HMRC.


Timing and Compliance

  • Companies have two years to complete EIS compliance from either the start of trading or the end of the tax year in which the shares were issued.

  • To maintain EIS compliance, companies must adhere to EIS rules for at least three years after the investment.


Role of Professional Advisors

Given the complexities involved in the process, professional tax advisors or consultants can provide valuable assistance in completing and submitting Form EIS2 accurately.


Potential Errors to Avoid

  • Providing inaccurate or untruthful information.

  • Failing to comply with the risk to capital condition and other EIS requirements.


Broader Role of Form EIS2

  • Democratizes investment by providing tax incentives to a broader range of investors.

  • Contributes significantly to the UK’s economic development by encouraging investment in startups and high-growth businesses.



Detailed Overview of HMRC Form EIS2 for EIS in the UK

In the final part of our in-depth article on the EIS2 form for the Enterprise Investment Scheme (EIS) in the UK, we'll delve into the structure and content of Form EIS2, its requirements, and the process of claiming EIS tax relief. This information is crucial for UK taxpayers and businessmen looking to understand or engage with the EIS.


Structure and Content of HMRC Form EIS2

HMRC Form EIS2, also known as the EIS Compliance Statement, is a comprehensive document that serves as a critical part of the EIS application process. The form is used to apply for advance assurance from HMRC, confirming a company's eligibility for EIS investment. The detailed structure of the form includes:

  1. Company Information: Basic details about the business such as registered address, company number, and date of incorporation.

  2. Ownership Structure: Information about shareholders or directors owning more than 30% of the company's shares.

  3. Financial Information: Detailed financial data including recent accounts and projections for the next three years.

  4. Business Activities: Information about business activities like research and development projects, product development plans, and expansion strategies.

  5. Compliance Information: Confirmation that the company meets all EIS scheme requirements, including the use of funds for qualifying business activities.


Completing Form EIS2

When completing Form EIS2, companies must provide accurate and detailed information in various sections:

  • Investor details such as name, address, and national insurance number.

  • Total amount invested, indicating both EIS and non-EIS investments.

  • Information on the shares issued, including issue date, nominal value, and purchase amount.

  • A signature and date by both the company and the investor.

  • Submission of the completed form to HMRC along with the EIS compliance statement.

Claiming EIS Tax Relief

To claim EIS tax relief, investors must follow specific steps:

  • On Paper Tax Returns: Fill in the SA101 section and include it with the tax return, along with the EIS3 claim form.

  • Online Self-Assessment: Tick ‘yes’ in the relevant section to claim other tax reliefs and deductions.

  • Alternative Method: Directly send an EIS3 claim form and the EIS2 certificate to HMRC.


Qualifying for EIS Income Tax Relief

Investors can claim EIS relief on qualifying investments unless certain criteria apply, such as investing for non-commercial purposes or being connected with the company. The relief is set at 30% of the total amount claimed for any share issue.


Conclusion

HMRC Form EIS2 plays an essential role in the Enterprise Investment Scheme, confirming compliance and enabling companies to attract EIS investment. Understanding the structure, content, and process of completing and submitting Form EIS2, along with the steps to claim EIS tax relief, is vital for UK taxpayers and businesses seeking to benefit from this scheme. Accurate and timely management of these processes can significantly impact a company's ability to raise funds and an investor's ability to claim tax relief, contributing to the UK's economic development and the growth of innovative ventures.


The comprehensive understanding of HMRC Form EIS2 and the EIS in the UK provided in this three-part article aims to guide UK taxpayers and businessmen through the intricacies of this scheme, ensuring they are well-equipped to navigate its processes and requirements.


The EIS2 form is a critical part of the application process for the Enterprise Investment Scheme (EIS) in the UK. It is used to apply for advance assurance, which confirms that a company is eligible for EIS investment. The form requires companies to provide detailed information about their business, including their financial performance, ownership structure.



How a Tax Accountant Can Help You with EIS


The Enterprise Investment Scheme (EIS) in the UK is a valuable initiative for both investors and companies. It offers significant tax reliefs to investors who put their money into small, high-risk trading companies, thereby encouraging investments in startups and innovative projects. While the benefits of EIS are substantial, navigating through its complexities can be challenging. This is where the expertise of a tax accountant becomes invaluable. In this article, we explore how a tax accountant can assist individuals and companies in making the most of the EIS in the UK.


Understanding EIS and Its Benefits

Before delving into the role of a tax accountant, it is crucial to understand what EIS is and its benefits. The EIS is designed to help smaller, higher-risk companies raise finance by offering tax reliefs to investors who purchase new shares in those companies. For investors, the benefits include Income Tax relief, Capital Gains Tax exemption, and loss relief, making it a potentially lucrative investment. However, these benefits are contingent upon compliance with a set of complex rules and conditions.


Initial Assessment and Eligibility

A tax accountant begins by assessing whether your business is eligible for EIS. This involves a review of the business activities, company structure, and financial health. They ensure that the business meets criteria such as not possessing assets over £15 million before the investment and not being listed on a recognized stock exchange. For investors, they evaluate the investment to ensure it qualifies for EIS relief.


Navigating the Compliance Maze

One of the most significant roles of a tax accountant is guiding companies through the EIS compliance maze. This includes preparing and submitting the EIS advance assurance application, a critical step in attracting potential investors by providing them with the confidence that an investment in your company will qualify for EIS reliefs. They ensure that all the required documentation, such as business plans, financial forecasts, and details of all trading activities, is in order.


Handling the Application Process

The application process for EIS can be daunting. Tax accountants handle the preparation and submission of the EIS1 form to HMRC after shares have been issued. They ensure that the form is accurately filled, reducing the likelihood of errors that could delay or jeopardize EIS approval. Upon successful application, HMRC issues an EIS2 form, which the accountant helps interpret and manage.


Investor Certificates and Claims

For investors, tax accountants are instrumental in managing EIS3 certificates, which are necessary for investors to claim EIS tax relief. They assist investors in understanding how and when to claim relief on their self-assessment tax returns. This includes advising on the amount of relief claimable and ensuring compliance with the timelines set by HMRC.


Continuous Compliance and Advisory

The role of a tax accountant extends beyond obtaining EIS status. They provide ongoing advice to ensure the company remains compliant with EIS conditions for at least three years. This includes advising on permissible business activities and monitoring asset and investment limits. For investors, they provide advice on maintaining their EIS eligibility, such as holding the shares for the requisite period and understanding the implications of any additional share purchases or disposals.


Mitigating Risks and Maximizing Benefits

A tax accountant plays a crucial role in mitigating risks associated with EIS investments. They provide insights into the nuances of the scheme, helping to avoid common pitfalls that could lead to the withdrawal of tax reliefs. Additionally, they help structure EIS investments in a way that maximizes the benefits for both companies and investors.


In summary, a tax accountant is a pivotal ally in navigating the EIS landscape in the UK. Their expertise not only simplifies the complexity associated with EIS applications and compliance but also maximizes the potential benefits for companies and investors. Whether it is assessing eligibility, handling application processes, ensuring ongoing compliance, or advising on investment strategies, a tax accountant’s role is integral to the success of EIS ventures. For anyone looking to explore EIS, engaging a proficient tax accountant is a prudent step towards achieving your investment goals in a compliant and efficient manner.



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