Answers · UK 2025/26
How does EIS loss relief work if my investment fails?
If an Enterprise Investment Scheme (EIS) company fails, you can set the loss (net of any 30% income tax relief already claimed) against your income or capital gains. Relief against income is given at your marginal Income Tax rate, so a higher-rate (40%) investor can recover a large part of the at-risk capital.
Full answer
The EIS encourages investment in small, high-risk UK companies by offering generous tax reliefs, and loss relief is the safety net if a holding becomes worthless or is sold at a loss. First, EIS shares usually attract 30% income tax relief when you invest, reducing your effective cost. Loss relief then applies to the remaining at-risk amount -- your investment minus the income tax relief already received. You can choose to set this allowable loss against either your income (in the year of the loss or the previous year) or against capital gains. Setting it against income is often the most valuable route because relief is given at your marginal Income Tax rate. Worked example: you invest GBP 10,000 and claim GBP 3,000 of 30% income tax relief, leaving GBP 7,000 at risk. If the company fails and the shares become worthless, your allowable loss is GBP 7,000. A 40% higher-rate taxpayer claiming loss relief against income recovers GBP 2,800 (40% of GBP 7,000), so the total reliefs are GBP 3,000 plus GBP 2,800 = GBP 5,800, meaning the real economic loss is about GBP 4,200 on a GBP 10,000 investment. An additional-rate (45%) investor recovers even more. Who it affects: UK taxpayers who invest in qualifying EIS companies and hold the shares for the required minimum period -- selling too early can claw back the original income tax relief. 2026/27 detail: relief against income uses the standard bands (basic 20%, higher 40%, additional 45%), while relief against gains interacts with Capital Gains Tax at 18% or 24% and the GBP 3,000 Annual Exempt Amount. EIS gains can also be free of CGT entirely if conditions are met. Use an income tax or capital gains calculator to model the rate at which your relief would apply, and keep your EIS3 certificate as evidence for your tax return.
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This answer is informational only and does not constitute financial, tax or legal advice. Figures are for the 2025/26 UK tax year. See our methodology and sources.