Page 70 - IM - Praetura Ventures 2019 EIS Fund

EIS Taxation Reliefs

not withdrawn, will be capital gains tax free. Any capital gains realised on a disposal Inheritance Tax - Business (Property) Relief
within the Three Year EIS Period will be subject to CGT at the rate applicable at Through the availability of Business (Property) Relief (BPR), there may be 100%
disposal. inheritance tax exemption on the death of the investor (or on certain lifetime
transfers) for each individual investment that has been held for at least two years.
Loss Relief against income or gains There is no upper limit on the amount of IHT relief which can be claimed providing
Loss relief, which is additive to income tax relief, provides tax reliefs on a failed the shares are held at the date of death and for a minimum period of 2 years.
EIS company of up to 61.5%, including the initial 30% income tax relief (subject to
the relevant caps). A loss on any qualifying investment in the portfolio, irrespective Knowledge Intensive Companies
of the overall performance of the portfolio, can be offset by individuals against In the 2017 Autumn Budget, the annual limit for EIS investors was doubled from
income of the tax year of the loss, or of the previous tax year, or against capital gains £1,000,000 to £2,000,000 providing that the additional investment is placed into
(including against the tax liability that arises on the revival of any deferred gain) of Knowledge Intensive Companies. Knowledge Intensive Companies are those that
the tax year of the loss and future years. This relief is available at any time in respect spend a certain proportion of their cost base on research and development or
of any loss realised upon a disposal of shares in an EIS-Qualifying Company on innovation. Additionally, they need to meet either an innovation condition or a
which EIS income tax relief (see section a) or CGT Deferral (see section c) has been skilled employee condition.
given and not withdrawn. If the circumstances are such that EIS tax reliefs have been
withdrawn, it may still be possible for an investor to claim loss relief, on the amount Carry Back Relief
equal to the economic loss sustained. An investor in an approved EIS fund can claim income tax relief in the tax year in
which the fund closes. In addition it is possible to carry back income tax relief to the
The Finance Act 2013 introduced a cap on reliefs which may be claimed for income tax year prior to that in which the fund closes, provided the shares within the fund
tax purposes. The cap restricts reliefs in any tax year to either £50,000 or 25% of have been subscribed for in same tax year as that in which the fund closes. As it is
income, whichever is greater. EIS income tax reliefs are not subject to the cap, nor intended that the entire Fund will be invested before 6 April 2020 then EIS Income
are losses on the disposal of shares on which EIS income tax relief has been claimed tax relief should be available in both of the tax years ended 5 April 2020 or 5 April
and retained. However, losses arising on the disposal of shares where EIS CGT 2019 by making the appropriate claim on your tax return. Any claim for EIS Deferral
deferral relief only has been claimed come within the cap on reliefs. The cap applies relief will depend on when the investments are actually made by the fund.
to losses that arise after 5 April 2013. Losses offset against capital gains are not
restricted.