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EIS3 Form for Enterprise Investment Scheme (EIS)

Updated: Jan 23


The EIS3 form is a key part of the Enterprise Investment Scheme (EIS) in the UK. This form is issued by companies that have successfully raised capital through the EIS scheme and are used by investors to claim tax relief on their investments. In this article, we will explore the EIS3 form in more detail, including its purpose, requirements, and benefits.


EIS3 form for Enterprise Investment Scheme (EIS)


Overview of Enterprise Investment Scheme (EIS) in the UK


The Enterprise Investment Scheme (EIS) in the UK is a government initiative aimed at helping smaller, higher-risk companies raise finance by offering tax reliefs to investors who purchase new shares in those companies. It has been a crucial component of the UK's strategy to foster innovation and growth in the small business sector. Since its inception in 1994, EIS has facilitated significant investment into eligible UK companies. By the end of the 2021/22 tax year, over £30 billion had been invested under the scheme into more than 53,000 companies. In that year alone, more than £2.3 billion was invested under EIS.


Recent Changes to EIS (2023-2024)

In 2023, the UK government announced several key changes to the EIS as part of its Autumn Statement. These changes are a testament to the scheme's success and its importance in supporting UK start-ups and scale-ups. Notably, the 'sunset clause', which was previously set to end in 2025, has been extended to 6 April 2035. This extension is crucial as it ensures the continuity of the scheme, providing longer-term certainty to investors and companies alike​​.


Another significant update is the increase in the limits for the Seed Enterprise Investment Scheme (SEIS), which is closely related to EIS. This includes extending the benefits to companies in their first three years of trading (previously two years), increasing the gross assets limit to £350,000, and allowing companies to raise up to £250,000 (previously £150,000). Individual investor limits have also been raised to £200,000​​​​. These changes expand the pool of eligible companies and increase the incentive for individual investments, further energizing the UK’s start-up ecosystem.


Operative Date and Implementation

The changes to the EIS and related SEIS are scheduled to apply from the next financial year following the announcement, i.e., from the 2023/2024 financial year onward. This timeline is critical for companies planning to raise funds and investors looking to utilize the scheme. The legislative details are expected to be included in the Autumn Finance Bill 2023, with the operative changes effective from 6 April 2025​​.


EIS Investment Process and Requirements

To qualify for EIS, companies must meet specific criteria, such as not being listed on a stock exchange, having gross assets under a certain threshold, and operating in an eligible trade. For investors, EIS offers tax reliefs, including 30% income tax relief on investments up to £1 million (or up to £2 million if invested in Knowledge Intensive Companies), Capital Gains Tax exemption on gains from EIS shares held for at least three years, and deferral reliefs for capital gains reinvested in EIS shares.


Recent Tribunal Cases and Implications

Recent tribunal cases have shed light on HMRC’s strict application of EIS rules. For instance, companies have faced challenges in demonstrating long-term viability and appropriate use of raised funds for business growth. These cases emphasize the need for detailed business plans and clear evidence of how the funds will be used to support long-term growth​​. Companies seeking EIS should also consider obtaining advance assurance from HMRC to avoid potential rejections of their proposals.


The EIS remains a vital tool for fostering growth and innovation in the UK's small business sector. The recent extensions and expansions of the scheme are poised to enhance its effectiveness. However, companies and investors must be diligent in understanding and complying with the scheme's requirements to fully benefit from the available reliefs.


Understanding the EIS3 Form for Enterprise Investment Scheme (EIS)


What is the EIS3 Form?

The EIS3 form, also known as a “Compliance Certificate”, is a document issued by companies that have successfully raised capital through the EIS scheme. It is used by investors to claim tax relief on their investments. The form provides details of the investment, including the amount invested, the date of the investment, and the company's name and registered address. HMRC sends you a letter of authorization, a unique reference number and a compliance certificate (form EIS3) to pass on to your investors. The EIS3 form is essential for investors who want to claim tax relief on their EIS investment.


The EIS3 form is a critical document in the Enterprise Investment Scheme (EIS) process in the UK, used by investors to claim tax reliefs on their EIS investments. It's issued to investors by companies that have successfully raised capital through the EIS. This form validates the eligibility of the investment for tax reliefs and details the investment specifics, including the amount invested and the date of investment.


Requirements of the EIS3 Form

The EIS3 form is a relatively simple document, but it requires careful attention to detail to complete accurately. Here are some of the key requirements of the EIS3 form:


Investment Information: The EIS3 form requires companies to provide details of the investment, including the amount invested, the date of the investment, and the company's name and registered address.


Tax Relief Information: The form also provides information about the tax relief available to investors, including income tax relief, capital gains tax exemption, and loss relief.


Company Information: The EIS3 form provides basic information about the company, including its registered address and company number.


How to Get EIS3 Form for EIS as an Investor?

Investors typically receive an EIS3 form from the company they have invested in, a few months after the investment. However, if the form is not received within 90 days, investors can request a copy directly from HMRC by providing their personal details and information about the investment, such as the company's name and registration number. If you are an investor, you should get EIS3 from the company you are investing in. However, you can also get it from HMRC. To get an EIS3 form for the Enterprise Investment Scheme (EIS) from HM Revenue and Customs (HMRC), follow these steps:


  1. Check Eligibility: Before applying for an EIS3 form, make sure that you are eligible for EIS tax relief. To be eligible, you must have invested in a company that is EIS-qualifying, and you must have received an EIS3 certificate from the company.

  2. Contact the Company: Contact the company in which you have invested and request an EIS3 certificate. The company is responsible for issuing EIS3 certificates to investors who are eligible for EIS tax relief.

  3. Wait for The Certificate: Once you have requested an EIS3 certificate from the company, you will need to wait for the certificate to be issued. The company has 90 days from the end of the relevant tax year in which to issue the certificate.

  4. Contact HMRC: If you have not received your EIS3 certificate within 90 days, you can contact HMRC to request a copy. You can do this by calling the HMRC helpline on 0300 200 3311 or by writing to HMRC at the address on their website.

  5. Provide Details: When contacting HMRC, you will need to provide your name, address, and national insurance number or tax reference number. You will also need to provide details of the company in which you have invested, including their name and registration number.

  6. Receive The Form: If HMRC is able to locate your EIS3 certificate, they will send a copy to you by post.


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 investing and claiming EIS tax relief.


Tax Relief Claiming Process

Investors claim EIS tax relief through their tax return, either online or on paper. The relief is generally available for the tax year in which the shares were issued, but investors can also treat the shares as issued in the previous year for tax purposes. The relief is calculated at a rate of 30% of the total amount claimed for any issue of shares​​.


Investors claim up to 30% income tax relief on their EIS investments, potentially up to £600,000 a year. The EIS3 or EIS5 certificates contain essential information for this process. The relief can be claimed through a self-assessment tax return or by sending the completed EIS3 form to HMRC.


Alternative Claim Method

If an investor wishes to claim tax relief against the previous year or doesn't receive the EIS3 form in time for their regular tax return, they can send the completed EIS3 form directly to HMRC, outside of the tax return process. This method is also useful for those who pay tax via PAYE and don’t file regular tax returns.


Where to Send the EIS3 Form

Once completed, the EIS3 form should be sent to HMRC's Venture Capital Schemes office. Investors are advised to send the form and accompanying documents by registered mail or secure delivery service and keep proof of postage and delivery.


Understanding the EIS3 form is crucial for investors in the EIS. It not only facilitates the claiming of valuable tax reliefs but also serves as an official record of the investment. Proper completion and timely submission of the EIS3 form to HMRC are essential steps in maximizing the benefits of investing in the EIS. In the next part of this article, we will explore the practical implications of these processes for UK taxpayers and businesses seeking to leverage the EIS for growth and investment.



How to Fill EIS3 Form for EIS?

To fill out the EIS3 form for the Enterprise Investment Scheme (EIS), follow these steps:


  1. Enter Personal Details: In the first section of the form, enter your personal details, including your name, address, and national insurance number or tax reference number.

  2. Enter Company Details: In the second section of the form, enter the details of the company in which you have invested, including their name, registration number, and the date of the share issue.

  3. Enter Investment Details: In the third section of the form, enter the details of your investment, including the total amount invested and the amount eligible for EIS relief.

  4. Sign and Date the Form: In the final section of the form, sign and date the declaration to confirm that the information provided is accurate and complete.

  5. Submit the Form: Once the form is complete, send it to HM Revenue and Customs (HMRC) along with your tax return for the relevant tax year. You should keep a copy of the form for your records.


How to Fill Form EIS3 - A Step by Step Guide

Filling out the EIS3 form is an integral part of claiming tax relief under the Enterprise Investment Scheme (EIS) in the UK. This guide provides a comprehensive breakdown of how to accurately complete this form.


Part 1: Personal and Investment Details


  1. Name and Address of the Subscriber: Enter your full name and address. This information should match the details registered with HMRC and the EIS-qualifying company.

  2. Description of Shares: Specify the type of shares you've subscribed for. This could include ordinary shares or other share types as per the company's share structure.

  3. Nominal Value of Each Share: Indicate the nominal value per share. This is typically stated in the share subscription agreement or share certificate.

  4. Number of Shares Issued: Enter the total number of shares issued to you under this EIS investment.

  5. Amount Subscribed: State the total amount you've invested in the company.

  6. Date of Issue of the Shares: Fill in the date when the shares were officially issued to you, which may differ from the investment date.

  7. Value Received: If you've received any value from the company (financial or otherwise), mention the amount here.

  8. Unique Investment Reference (UIR) Number: This is a unique number provided by the company, identifying your specific investment.

  9. Knowledge-Intensive Company Status: Indicate whether the company was a Knowledge-Intensive Company at the time of your investment.


Part 2: Company Representative and Company Details


  1. Company Representative Name: The company representative, usually a director or company secretary, should sign the form.

  2. Company Name: Enter the full legal name of the EIS-qualifying company.

  3. Capacity in Which Signed: The representative’s official capacity in the company should be stated (e.g., Director).

  4. Registered Office Address: Provide the registered office address of the company.

  5. Signature and Date: The company representative should sign and date the form.


Part 3: Investor Declaration


  1. Investor Tax Reference/National Insurance Number: Include your tax reference or national insurance number for identification purposes.

  2. Claim Details: Fill out the details of your claim, including the number of shares, type of shares, date issued, and the UIR number.

  3. Claim to EIS Income Tax Relief: Indicate the amount on which you are claiming relief and for which tax year. This section is used if you are claiming relief outside of your Self Assessment tax return.

  4. Claim to EIS Deferral Relief: If applicable, provide details about any capital gains that you wish to defer using your EIS investment.

  5. Declaration: Confirm that the details provided are accurate to the best of your knowledge.

  6. Signature and Date: Sign and date the declaration to validate your claim.


Where to Send the Form

After completing the EIS3 form, send it to HM Revenue and Customs (HMRC) at their Venture Capital Schemes office. Include a copy of the EIS3 certificate issued by the company and your tax return for the relevant year.


Keeping Records

Always keep a copy of the completed EIS3 form and all relevant documents for your records.


Accurately filling out the EIS3 form is crucial for claiming EIS tax reliefs. This step-by-step guide is intended to simplify the process, ensuring you provide all necessary information to HMRC. If in doubt, consult a tax advisor for guidance specific to your investment.


It's important to note that the EIS3 form must be submitted to HMRC in order to claim EIS tax relief. It's also important to ensure that you are eligible for EIS tax relief and that the company in which you have invested is EIS-qualifying before investing and claiming relief. It's advisable to seek professional advice from a qualified tax advisor before investing and claiming EIS tax relief.


Where to Send Filled EIS3 Form?

When you have completed the EIS3 form for the Enterprise Investment Scheme (EIS), you should send it to HM Revenue and Customs (HMRC) at the following address:


Venture Capital Schemes

HM Revenue and Customs

BX9 1ER

United Kingdom


You should also include a copy of the EIS3 certificate issued to you by the company in which you have invested, as well as your tax return for the relevant tax year. It's important to keep a copy of the completed EIS3 form for your records.



It's advisable to send the form and accompanying documents by registered mail or a secure delivery service and to keep proof of postage and delivery. This will ensure that the documents are received by HMRC and that you have evidence of submission in case of any issues or disputes.


what are the Benefits of the EIS3 Form


Benefits of the EIS3 Form

The EIS3 form offers several benefits to investors who have invested in companies through the EIS scheme. Here are some of the key benefits of the form:


Tax Relief: The EIS3 form is essential for investors who want to claim tax relief on their EIS investments. The form provides details of the investment, including the amount invested and the date of the investment, which investors can use to claim tax relief.


Record Keeping: The EIS3 form provides a record of the investment, which investors can use to keep track of their investments and to demonstrate their eligibility for tax relief.


Compliance: By completing the EIS3 form, companies can ensure that they are complying with 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.


Investment Opportunities: The EIS scheme can provide investors with opportunities to invest in innovative and high-growth companies. By completing the EIS3 form, investors can claim tax relief on their investment, which can help to mitigate some of the risks associated with investing in early-stage companies.



Practical Implications of EIS3 Form and EIS for UK Taxpayers


The Enterprise Investment Scheme (EIS) is a key financial tool for UK taxpayers, particularly for those looking to invest in small, high-risk companies. Understanding the practical implications of the EIS and the associated EIS3 form is crucial for investors to fully utilize the benefits of the scheme.


Investment Process in EIS

  1. Search for Eligible Opportunities: Investors must select opportunities that qualify for EIS. These can be accessed directly from eligible companies, co-investment platforms, or through EIS funds.

  2. Invest in the Opportunity: The process varies based on the investment method. Direct investments require personal due diligence, whereas co-investment platforms and funds may provide additional research and monitoring.

  3. Claim the Tax Relief: After shares are issued, investors receive EIS3 forms to claim income tax relief either through self-assessment tax return or by submitting the form to HMRC.


Risks and Benefits of EIS Investments

Investing in EIS entails certain risks, including the potential loss of the invested capital, as most start-up businesses fail. However, the scheme offers several benefits:

  1. Increased Potential Return on Investment: Income tax relief reduces the effective cost of the investment by 30%, potentially increasing overall returns.

  2. Risk Minimization: The income tax relief provides a form of risk mitigation by reducing the financial burden on investors.

  3. Access to Additional Tax Incentives: Investors can also benefit from capital gains tax exemption, inheritance tax exemption, and loss relief.

  4. Flexible Tax Planning: EIS allows investors to carry back income tax relief to the previous tax year, offering financial management flexibility.

  5. Fuelling UK SMEs: The EIS tax reliefs are designed to encourage investment into the UK’s early-stage, high-growth businesses, promoting innovation and economic growth.


Strict Compliance and Long-term Growth Requirement

HMRC applies strict conditions and requirements for EIS. Companies must demonstrate their intended long-term viability and appropriate use of raised funds for business growth. It’s crucial for companies to have detailed business plans and projections to satisfy these requirements.



Understanding the EIS3 and EIS5 Forms in the UK's EIS Framework

In the realm of the UK's Enterprise Investment Scheme (EIS), the EIS3 and EIS5 forms are integral, yet distinct components that facilitate the process of claiming tax reliefs. Their connection lies in their roles in the EIS investment cycle, catering to different stages and participants in the scheme.


Distinct Roles of EIS3 and EIS5 Forms


  1. EIS3 Form – Individual Investment Certification: The EIS3 form is issued to individual investors by EIS-qualifying companies. This form certifies the investor's specific investment in a company and is necessary for claiming income tax relief. It contains details of the investment, such as the amount, date of share issue, and the company’s particulars.

  2. EIS5 Form – Fund-Level Certification: The EIS5 form, in contrast, is relevant in the context of EIS funds. This form is issued by fund managers to investors in EIS funds. It serves as a consolidated certification for investments made across multiple companies through the fund.


The Connection: From Individual Investments to Aggregate Fund Reporting


The connection between these forms is rooted in their collective goal to streamline the tax relief claim process under EIS. While the EIS3 form pertains to individual company investments, the EIS5 form encapsulates the aggregated investment information for those investing through EIS funds.


Compliance and Reporting

  1. Investor Compliance: Both forms are essential for investor compliance with HMRC requirements. They ensure that investors have the necessary documentation to support their claims for tax relief on their self-assessment tax returns.

  2. Fund Manager Reporting: For EIS fund managers, the EIS5 form is a tool for reporting the fund’s overall EIS investments to its investors. This form simplifies the process for investors, as they receive a single document covering multiple investments, as opposed to multiple EIS3 forms for each individual investment.


Strategic Implications for Investors


  1. Simplified Tax Filing for Fund Investors: The EIS5 form simplifies tax filing for investors in EIS funds by providing a consolidated view of their investments. This is particularly beneficial for investors who have diversified their EIS portfolios across several companies through a fund.

  2. Direct vs. Fund Investment Strategies: Understanding the difference between EIS3 and EIS5 forms aids investors in choosing between direct investment in a company or investing through a fund. Each approach has unique benefits and implications for tax relief claiming and portfolio diversification.


Operational Efficiency


  1. Streamlined Administration for Companies and Funds: For EIS-qualifying companies and fund managers, these forms provide a standardized method for reporting and certifying EIS investments, ensuring operational efficiency and compliance with HMRC regulations.


Investor Awareness and Decision Making


  1. Informed Investment Decisions: By understanding the nuances and applications of EIS3 and EIS5 forms, investors can make more informed decisions regarding their EIS investments, whether opting for direct investments.


Linking Individual and Collective Investments

The connection between the EIS3 and EIS5 forms lies in their collective aim to facilitate tax relief claims under EIS. While EIS3 forms are for specific company investments, EIS5 forms cater to a broader range of investments across multiple companies through a fund. This distinction is crucial for investors in structuring their EIS portfolios according to their investment strategies.


Navigating Tax Claims with EIS3 and EIS5


Investors must understand how to use both forms effectively:

  • For EIS3 Holders:

  • Each investment in a separate company requires a distinct EIS3 form for tax relief claims.

  • Suitable for investors who prefer direct, company-specific investments.

  • Allows detailed tracking and assessment of individual company performances.

  • For EIS5 Holders:

  • A single EIS5 form can encompass investments in multiple companies.

  • Ideal for investors seeking diversified exposure across various EIS-eligible companies.

  • Simplifies tax filing process, particularly for investors with extensive EIS portfolios.


Compliance and Record-Keeping


Both EIS3 and EIS5 forms require meticulous record-keeping for compliance:

  • Investors must retain these forms to substantiate their claims for tax reliefs.

  • The forms serve as official documentation in case of inquiries from HMRC.

  • Accurate record-keeping aids in evaluating the performance and tax efficiency of EIS investments.


Impact on Investment Strategy


Understanding the connection and differences between EIS3 and EIS5 forms can significantly influence investment decisions and strategies:

  • Investors may choose direct investments in individual companies or opt for diversified fund investments based on their risk tolerance and investment goals.

  • The choice impacts the type of form they will utilize for tax relief claims, which in turn affects tax planning and filing.


Addressing Risks and Maximizing Benefits


Both forms play a role in balancing risks and rewards:

  • EIS3 forms allow investors to closely monitor and assess the risk associated with individual companies.

  • EIS5 forms, representing diversified fund investments, can help mitigate individual company risks.

  • Both forms ensure that investors can avail themselves of the associated tax benefits, thereby maximizing the potential returns on their investments.


The EIS3 and EIS5 forms, though different in their application, are interconnected in their purpose within the EIS framework. They cater to different investment approaches - direct investment in companies or through funds - but ultimately facilitate the crucial process of claiming EIS tax reliefs. Understanding their roles and interplay is key for investors to make informed decisions, remain compliant, and optimize the benefits of their EIS investments.



How a Tax Accountant Can Help You With Enterprise Investment Scheme

Navigating the complexities of the Enterprise Investment Scheme (EIS) in the UK can be challenging for investors, especially when it comes to understanding tax implications and maximizing benefits. This is where a tax accountant, specializing in EIS, becomes invaluable. Here's how a tax accountant can assist you in navigating the EIS landscape.


1. Understanding EIS Eligibility and Compliance

EIS offers significant tax reliefs to investors in eligible companies, but understanding which investments qualify can be intricate. A tax accountant helps in discerning whether a potential investment meets the EIS criteria set by HMRC. They ensure that the investment adheres to the rules, such as the company’s trade type, size, and use of funds, thus safeguarding your eligibility for tax relief.


2. Maximizing Tax Reliefs

One of the primary benefits of EIS is the range of tax reliefs available, including income tax relief, Capital Gains Tax exemption, and loss relief. A tax accountant assists in calculating and maximizing these reliefs. They can guide on claiming up to 30% income tax relief on investments and help you understand the nuances, like carry-back relief, which allows you to apply relief to the previous tax year.


3. Navigating the EIS3 Form

Filing the EIS3 form correctly is crucial for claiming tax reliefs. Tax accountants guide you through each section of the EIS3 form, ensuring accuracy in reporting investment details, company information, and the amount eligible for relief. This precision is essential for HMRC’s approval of your tax relief claim.


4. Long-term Strategic Planning

Investing in EIS can be a significant part of your long-term financial strategy. A tax accountant helps integrate EIS investments into your broader financial plan, considering aspects like retirement planning, estate planning, and overall tax efficiency. They can advise on the timing of investments and divestments in alignment with your financial goals.


5. Risk Assessment and Due Diligence

Investing in small and medium-sized enterprises (SMEs) carries inherent risks. A tax accountant can conduct due diligence on potential EIS investments, assessing the company’s financial health, market potential, and management team. This assessment helps in making informed decisions, reducing investment risks.


6. Liaising with HMRC

The tax accountant acts as a liaison between you and HMRC, handling communications and queries. This includes seeking advance assurance for EIS eligibility, a process where HMRC confirms if a company is likely to qualify for EIS, providing peace of mind before you invest.


7. Addressing Changes in Legislation

Tax laws and EIS regulations can change. A professional tax accountant stays abreast of these changes, ensuring that your EIS investments remain compliant and that you benefit from any new opportunities or need to adjust strategies due to legislative shifts.


8. Assistance with Exit Strategies

An exit strategy is crucial for realizing the gains from EIS investments. Tax accountants help plan an efficient exit, considering factors like holding periods for qualifying for different tax reliefs and the timing of the sale to optimize tax efficiency.


9. Record Keeping and Reporting

Proper record-keeping is crucial for EIS investments. A tax accountant ensures that all records, such as EIS3 certificates and transaction documents, are accurately maintained. This is essential not just for compliance but also for effective monitoring of the investment’s performance.


10. Personalized Advice

Every investor's situation is unique, and a tax accountant provides personalized advice tailored to your specific circumstances. Whether it’s about the proportion of your portfolio to allocate to EIS investments or understanding the implications on your overall tax position, a tax accountant offers bespoke guidance.


The role of a tax accountant in navigating the EIS is multifaceted, encompassing everything from initial compliance checks to strategic planning and liaising with HMRC. Their expertise is invaluable in maximizing the benefits of EIS while ensuring adherence to complex tax laws and regulations. For anyone looking to venture into EIS investments, partnering with a knowledgeable tax accountant is a prudent step towards achieving both financial success and compliance.



Conclusion

The EIS and the EIS3 form represent a significant opportunity for UK taxpayers to invest in small, high-risk companies while benefiting from substantial tax reliefs. However, investors must be aware of the risks involved and ensure strict compliance with HMRC’s requirements. The process of claiming tax relief via the EIS3 form is straightforward, but it requires careful attention to detail and understanding of the scheme's rules. The practical implications of the EIS for UK taxpayers are considerable, offering both financial benefits and the chance to fuel innovation and growth in the UK's small business sector.


The EIS3 form is a key part of the Enterprise Investment Scheme (EIS) in the UK. It is issued by companies that have successfully raised capital through the EIS scheme and is used by investors to claim tax relief on their investments. The form provides details of the investment, including the amount invested, the date of the investment, and the company's name and registered address. The EIS3 form offers several benefits to investors, including tax relief, record keeping, compliance, and investment opportunities. By completing the EIS3 form, investors can claim tax relief on their investment and support the growth of innovative and high-growth companies in the UK.

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