The company is restricted as to the amount of investment it can receive through SEIS investment , with a cumulative limit of £ 150,000 . A company cannot issue shares under SEIS if an investment has already been made in the company through the Enterprise Investment Scheme or a Venture Capital Trust ( VCT ). However , the company can follow a share issue under SEIS with further issues of shares under EIS or to a VCT , subject to the usual conditions being met .
At the date of issue of the SEIS shares , the company ’ s trade must be less than two years old . All money raised by the issue of the SEIS shares must be employed wholly for the purposes of the qualifying trade for which it was raised within three years of the share issue . ( If it is not , relief will be withdrawn ).
For the SEIS tax reliefs to apply , the company must carry out a qualifying trade . A trade is a qualifying trade if it is conducted on a commercial basis with a view to making a profit and it does not consist wholly or substantially of excluded activities . Excluded activities include :
· dealing in land , commodities or shares
· banking , insurance and financial activities
· leasing
· receiving royalties or licence fees
· property development
· most energy generating activities . If a company carries on excluded activities a detailed review should be carried out to determine whether they are substantial enough to prevent SEIS relief from being available .
6 . Qualifying Investor Conditions There is an annual investment limit for individuals of £ 100,000 per year . The shares must be fully paid up ordinary shares that are not redeemable and do not have certain preferential rights . If an investor is considered to be connected with the company , the SEIS tax reliefs will not be available . There are two main ways in which a person can be connected with a company for the purposes of SEIS . Firstly , by being an employee of the company or , secondly , by holding a ‘ substantial interest ’ in the company .
It is important to note that should either of these conditions apply to the investor ’ s associates , the investor will not be eligible for the SEIS tax reliefs . For the purposes of SEIS , associates include business partners , spouses , parents , grandparents , children , grandchildren and certain trustees . Brothers and sisters and more distant relatives are not associates for this purpose .
There must also not be any pre-arranged exit for the investor in relation to the shares issued .
Employee of the company Anyone employed by the company will not qualify for the SEIS tax reliefs . Directors may qualify but the director needs to be fully aware of the rules surrounding receipts of value from the company . The following payments are disregarded :
· payment for reimbursement of travelling
· a reasonable commercial return on money lent to the company
· any dividends or other distribution which does not exceed a normal return on the investment
· any payment for the supply of goods which does not exceed their market value
· any payment of rent for any property occupied by the company which does not exceed a reasonable and commercial rent for the property
· remuneration which is reasonable for services rendered to the company in the course of a trade or profession , and which is brought into account for tax purposes in calculating the profits of that trade or profession .