If you’re scrolling LinkedIn with a focus on the UK food and drink scene you’ve likely seen founders stating they’re “Raising SEIS/EIS” but what does this mean? Dan Finn, who heads up the beverages team at Brabners and acts for a number of breweries and drinks businesses on their funding and other legal requirements, explains more.
The Seed Enterprise Investment Scheme (SEIS) and Enterprise Investment Scheme (EIS) are government initiatives designed to attract investment in early-stage businesses by offering tax incentives.
These schemes have become popular among craft breweries — Northern Monk, Mash Gang, Signature Brew, and Vaux Brewery to name a few all raising SEIS or EIS funds through direct investor engagement, crowdfunding platforms like SEEDRS and CrowdCube or a combination of the two.
The monies will usually be earmarked for a specific purpose with a view to growth, for instance purchasing brewing equipment to increase production, opening a new site or undertaking a rebrand and it is a key requirement of both schemes that the funds raised are used for a “qualifying business activity” which largely equates to being used as growth or working capital in the business.
SEIS: For Startups
SEIS supports fledgling businesses with fewer than 25 employees and £350,000 in assets at the time of investment. Investors can contribute up to £200,000 per tax year, receiving 50% income tax relief — meaning a £200,000 investment would yield £100,000 in income tax relief (of course, provided the investor is paying income tax for that relief to be applied towards).
Additionally, investors pay zero capital gains tax (CGT) when selling shares after three years, a significant saving compared to the standard 24% CGT rate.
EIS: For Growth
EIS targets more established ventures, allowing investments of up to £1 million per tax year, with 30% income tax relief and the same CGT exemption on a future sale of the shares after three years.
To qualify, businesses must have fewer than 250 employees, be under seven years old, and hold less than £15 million in assets pre-investment.
Why SEIS/EIS Matters
For investors, the tax breaks are substantial. For founders, these schemes boost investment potential and improve company valuations — meaning they might ultimately be able to give away less equity.
It is also a requirement under the schemes that the investor’s capital is “at risk” so there are limits on the type of rights that investors can demand as a precursor to putting money in.
Whilst they might require rights to regular financial information or veto rights for certain operational decisions, they can’t specify that they simply get their money returned if things don’t go to plan so will generally be on a fairly even footing to the founders and any pre-existing shareholders.
A formal process, including an advance assurance application to HMRC, is required to secure SEIS or EIS investment and care should be taken when drafting the investment documents to ensure full compliance with the legislation.
Therefore, professional legal advice is strongly recommended for businesses raising capital and likewise, investors expecting to receive the corresponding tax benefits to ensure all requirements are met.
Dan Finn heads up the beverages team at Brabners acting for a number of breweries and drinks businesses on their funding and other legal requirements.
