Month: November 2023

The Enterprise Investment Scheme (EIS) is designed to help smaller higher-risk trading companies to raise finance by offering a range of tax reliefs to investors who purchase new shares in those companies. 

To claim investor EIS tax reliefs, the company which issues the shares has to meet a number of rules regarding the kind of company it is, the amount of money it can raise, how and when that money must be employed for the purposes of the trade, and the nature of its trading activities.

The main qualifying criteria for EIS investee businesses are as follows: 

• The maximum amount of funds that a company can raise through investments qualifying for the EIS is £5M in any 12 months with a maximum of £12m over the company’s lifetime. There are higher limits for ‘knowledge-intensive’ companies. 
• There is a maximum limit on the number of employees that the investee company can have when shares are issued. The company must have less than 250 full-time employees or their part-time equivalents. For groups of companies, the limit applies across the group. There are higher limits for ‘knowledge-intensive’ companies. 
• The company’s gross assets (or the group assets if the company is a parent company) must not exceed £15 million before any shares are issued and not be more than £16 million immediately afterwards. 
• There are also time limits as to when investments can be raised by the company and how and when the money must be spent.  

It is important that businesses looking to raise finance using the EIS scheme ensure that they qualify. Otherwise, their investors will be unable to claim the promised tax reliefs. HMRC offer an ‘advance assurance’ service that can help ensure everything is in order before raising finance.

In some respects, the Chancellor’s predicament is deserving of a sympathetic ear; its as if he has a long journey ahead but has one foot firmly nailed to the floor.

Stagnant growth in the UK and global economy has driven up taxation in order to meet the goals set to reduce borrowing as a percentage of GDP.

Inflation is reducing but is still above the Bank England’s target to have inflation back to 2%. In which case we will likely have high interest rates for some time.

It is difficult to see how tax rates could fall in the short or even medium term without an increase in economic activity. If tax rates were reduced, the fall in revenue would have to be met by more austerity, which in turn, would exaggerate the current cost of living crisis.

Where does this leave UK business owners?

We should probably consider elasticity of demand for products and services delivered. For example, if you sell products or services where demand is high or where there are few or no readily available substitutes for your products, you are likely to meet less resistance to raising your selling prices to pass on your increased costs. In this way you can maintain profitability and cash flow.

Compare this with businesses who sell goods or services where there are lower cost substitutes or where demand can be deferred, for example, a new kitchen. Businesses affected in this way will be less likely to recover increased costs by raising their prices. Profits will fall followed by loss of cash reserves and solvency.

We can help. Call now so that we can consider your options. What is clear, is that unlike our Chancellor, we can make choices and business planning during these uncertain times is a must-do activity.

To be a director, you must be over 16 and not currently disqualified. 

As a director your responsibilities include:

• filing your company’s annual accounts and reports or appoint an accountant to do it for you
• reporting changes in you or your company’s situation including changes of address
• sending a confirmation statement every year to Company’s House
• pay Corporation Tax, VAT, PAYE and National Insurance contributions due on time

Other key duties include:

Company’s constitution
You must follow the written constitution of your company. This is created when you set up your company.

Promote the success of the company
This means considering the impact your company has on others, the environment, any employees and colleagues. It also requires you to act in the interest of creditors if you are insolvent.

Independent judgement
Take advice, but always make decisions for yourself.

Exercise reasonable care, skill and diligence
Use the skills you have in the best way possible.

Avoid conflicts of interest
Do not take advantage of your position as a director to gain unfair advantages or create conflicts in business or other relationships.

Third-party benefits
Generally, you shouldn’t accept benefits from third parties that may cause conflicts of interest.

Interests in a transaction
You must tell other directors if you personally benefit from a company transaction.

Please call if you are uncertain what other duties directors have or any other matters that will help you decide if a corporate structure is the best option for your new business.