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This is a freeview 'At a glance' guide to Advance Assurance for EIS and SEIS. 

Subscribers see EIS: Enterprise Investment Scheme (Subscriber guide).

HMRC offers an advance assurance application service for both the Enterprise Investment Scheme (EIS) and Seed Enterprise Investment Scheme (SEIS).

Companies can apply to HMRC in advance of offering shares under either scheme to check that they meet the stringent qualifying criteria. There is no requirement to apply for advance assurance. It is a non-statutory discretionary service.

Companies need to make separate applications for each proposed investment for which they want advance assurance.

The assurance relates to the specific investment and will not apply if there are any material changes to the proposed investment or facts after the assurance has been granted. In these circumstances a revised application should be made to HMRC.

Companies will need to complete an application form to provide their details and tax reference together with the following information for HMRC:

For SEIS applications only:

The form can be completed and submitted by:

What’s new?

In December 2017 HMRC, in response to its consultation 'Tax-advantaged venture capital schemes – streamlining the advance assurance service', confirmed that the service will continue with a number of steps to improve the service.

  1. Digitisation.
  2. As a discretionary, non-statutory service, HMRC may decline to give an opinion.
  3. Where a company is relying on a particular interpretation, it should provide a full technical analysis of how it meets that law. HMRC will not opine where it believes the application is testing the limits, not seeking to allay genuine concerns
  4. From 2 January 2018, HMRC will not opine on speculative applications. The company should have approached potential investors, and name the individual(s), fund manager(s) and other promoter(s) who are expected to invest.
  5. From 4 December 2017, HMRC will not opine where it is reasonable to conclude that the investment is part of a capital preservation scheme.

 

 


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