Investment Tax Guide · 2026/27
Enterprise Investment Scheme (EIS) Guide 2026/27— Tax Relief and Rules Explained
The Enterprise Investment Scheme (EIS) is one of the UK government's most generous investment incentives. It gives investors 30% Income Tax relief, 0% CGT on exits after 3 years, CGT deferral on reinvested gains, and Inheritance Tax exemptionafter 2 years — all in exchange for investing in qualifying small UK companies. This guide explains every relief, the qualifying rules, and how to use EIS strategically in 2026/27.
How EIS Works: The Five Tax Reliefs
EIS offers five distinct tax reliefs, each targeting a different tax. An investor can potentially use all five on a single qualifying investment:
| Relief | Rate/Benefit | Condition |
|---|---|---|
| Income Tax relief | 30% of investment (up to £1m or £2m KIC) | Hold shares 3+ years |
| CGT disposal exemption | 0% CGT on sale proceeds | Hold 3+ years, IT relief claimed |
| CGT deferral relief | Defer existing gain until EIS exit | Invest within 1yr before / 3yrs after disposal |
| IHT Business Property Relief | 100% IHT exemption on value | Hold 2+ years at death |
| Loss relief | Net loss offset against income or CGT | Investment loss (after IT relief received) |
Income Tax Relief: The Core Benefit
The headline EIS relief is 30% Income Tax relief on the amount invested. This is given as a credit against your Income Tax liability for the tax year in which the shares are issued.
Annual limits:
- General EIS: £1,000,000 per investor per tax year (max relief = £300,000)
- Knowledge Intensive Companies: £2,000,000 per investor per tax year (max relief = £600,000)
The relief reduces your Income Tax bill directly. If your tax bill is £50,000 and you invest £100,000 in EIS, you receive £30,000 relief, reducing your bill to £20,000. You cannot get a refund if relief exceeds your tax liability — you can only use as much as you have tax to offset.
You can also carry backEIS subscriptions to the previous tax year, which is useful if you had higher income (and higher tax) in that year. This is done on the "EIS3" claim form attached to your Self Assessment return.
Qualifying Company Criteria
Not every startup qualifies for EIS. The company must meet a detailed set of conditions at the time of investment and throughout the 3-year qualifying period:
- Unquoted: Not listed on the main London Stock Exchange (AIM shares do qualify)
- UK connection: Must be UK-incorporated or have a UK permanent establishment carrying on a qualifying trade
- Qualifying trade: Must be a genuine trading company. Excluded activities include property development, financial services, leasing, farming, hotels and nursing homes
- Gross assets: Under £15 million before the EIS investment and under £16 million immediately after
- Employees: Fewer than 250 full-time equivalents
- Age: The first commercial sale must have occurred within the past 7 years (10 years for KICs)
- Not in difficulty: Must not be an undertaking in financial difficulty under EU state aid rules
- Advance assurance: Most EIS fundraises are preceded by HMRC advance assurance confirming eligibility
Individual investors must also meet conditions: they cannot be connected with the company (not an employee, director, or substantial shareholder at the time of investment, with exceptions for first-time paid directors) and must not already hold more than 30% of the shares.
CGT Disposal Exemption
If you hold EIS shares for at least 3 years from the date of issue (or from the date the company commenced trading, if later), any gain on disposal is completely exempt from CGT. There is no cap on the exempt gain.
Example:You invest £100,000 in an EIS company in April 2023. You claim £30,000 Income Tax relief. In June 2026 (3+ years later), the company is acquired for £500,000. Your 5x gain of £400,000 is entirely exempt from CGT. Combined with the £30,000 IT relief, your effective return on a £70,000 net investment is £500,000 — entirely tax-free on the exit (though you pay tax elsewhere if the deferred gain is triggered).
The CGT exemption is forfeited if the Income Tax relief is withdrawn for any reason. Always retain evidence that the qualifying conditions were met throughout the 3-year period.
CGT Deferral Relief
CGT deferral relief is separate from the CGT disposal exemption. It allows you to defer an existing capital gain by reinvesting it in EIS shares. The deferred gain "freezes" until you dispose of the EIS shares.
Key rules:
- The original gain can be on any asset (shares, property, business, etc.)
- You must invest in EIS shares within 1 year before or 3 years after the disposal date
- No minimum holding period is required for deferral (unlike the 3-year rule for the disposal exemption)
- The deferred gain revives when you dispose of the EIS shares, or when the EIS conditions are broken
- Deferral relief is available even if you do not claim Income Tax relief (e.g. non-UK residents cannot claim IT relief but can claim deferral)
When the deferred gain revives, it is charged at the CGT rates applicable at that time, not when the original disposal occurred. This can be advantageous or disadvantageous depending on rate changes.
IHT Business Property Relief
EIS-qualifying shares are unquoted shares in trading companies — the primary category for Business Property Relief (BPR) under IHTA 1984. After a minimum holding period of 2 years, EIS shares qualify for 100% BPR, making them completely exempt from Inheritance Tax on death (or on lifetime gifts to non-exempt transferees).
This combination makes EIS particularly attractive for estate planning:
- Invest within 2 years of death and the shares are BPR-exempt
- No 7-year clock (as with outright gifts)
- The underlying investment also generates IT and CGT reliefs while alive
Note: BPR is not guaranteed and HMRC can challenge it. The company must remain a qualifying trading company at the time of death. Cash-rich companies or those that have diversified into investment activities may lose BPR qualification.
EIS vs SEIS: Which Is Better?
| Feature | EIS | SEIS |
|---|---|---|
| IT relief rate | 30% | 50% |
| Max investment per year | £1m (£2m KIC) | £200,000 |
| Company age limit | 7 years (10 KIC) | 3 years |
| Company gross assets | Under £15m | Under £350,000 |
| Max employees | 250 | 25 |
| CGT reinvestment relief | Deferral only | 50% exemption on reinvested gain |
| IHT BPR | Yes (2 years) | Yes (2 years) |
SEIS is for truly seed-stage companies with minimal assets and revenues. EIS covers a broader range from early-stage to growth-stage companies. Many companies raise SEIS first, then EIS as they grow. A single company can issue SEIS shares (up to £250,000 raised) and then follow with EIS shares.
EIS Funds vs Direct Investment
EIS investors can invest directly into a single company or pool their money through an EIS fund. Each approach has different risk and administrative profiles:
Direct investment
You choose the company, negotiate terms, and receive EIS3 certificates directly. The tax reliefs are available when the shares are issued. Concentration risk is high (one company), but so is the potential upside. Suitable for experienced angel investors or those with sector knowledge.
EIS fund
A fund manager deploys capital across a portfolio of EIS companies, reducing concentration risk. HMRC-approved "approved knowledge-intensive fund" vehicles can defer the IT relief claim until investment is deployed (up to 2 years). Management fees of 1.5%–3% per year typically apply. Most EIS funds have minimum investment of £10,000–£25,000.