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HMRC internal manual

PAYE Manual

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HM Revenue & Customs
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Coding: coding allowances and reliefs: enterprise investment scheme

The Enterprise Investment Scheme (EIS) replaced the Business Expansion Scheme for shares issued after 31 December 1993.

Guidance in the Venture Capital Schemes Manual (VCM) at VCM10000 onwards tells you how to examine claims, the limit on relief and how to calculate the relief.

Rate of relief

From 6 April 2011 relief is given at 30 per cent of the cost of the shares and is given in terms of tax. Before 6 April 2011 this relief was given at 20 per cent.

Note: The rate differs to that available under the similar Seed Enterprise Investment Scheme (SEIS) - see PAYE10047, and Social Investment Tax Relief (SITR) - see PAYE10048 so it is important that the 2 schemes are not confused.

Interaction with other reliefs

VCM10530 sets out the order in which relief should be given. You will need to take this into account when deciding in what order to calculate coding allowances and deductions.

Coding descriptor to use

Use the coding description Enterprise Investment Scheme - further information can be found at PAYE130025. There are no plans to introduce a special coding deduction to claw back any excess relief. Instead, the coding allowance should be in such a figure as will give the correct amount of relief. Make sure the individual has an explanation.

Initial action

Where you identify a valid new or existing EIS claim, assess the level of the total relief. There is no need for customers claiming the relief of £5,000 or less to be in Self Assessment (SA) so the relief can be given as a coding allowance. For claims totalling over £5,000 the customer has to be in SA but the relief can still be given as a coding allowance.

For claims totalling over £5,000 check whether the customer has an SA record.

The customer does not have a live / dormant Self Assessment (SA) record

* Set up an SA record in accordance with SAM100000 onwards
* Ensure the SA start date is set in accordance with [PAYE93032](https://www.gov.uk/hmrc-internal-manuals/paye-manual/paye93032)

The customer does have a live / dormant SA record

* Re-open the dormant SA record in accordance with SAM101093
* Ensure the SA start date is set in accordance with [PAYE93032](https://www.gov.uk/hmrc-internal-manuals/paye-manual/paye93032)
* Make an SA note to state the reason why the record has been reopened

How to calculate coding allowance for Enterprise Investment Relief

Identify the amount due for relief using the guidance in the Venture Capital Schemes Manual (VCM) at VCM10000 onwards. Enter that amount in IABD (PAYE130025) and NPS will calculate the coding allowance regardless of the rate at which the individual is liable to pay tax.

For example, for an individual who has subscribed to qualifying shares £5,000, EIS relief will be calculated for the current year as £5,000 multiplied by 30 and divided by 100 = £1,500.

NPS will then calculate the coding allowance based on the individual’s highest rate of liability at the primary coded source

Example – rest of UK (rUK) income tax rates 2016-17

  • For an individual liable at basic rate the amount will be £1,500 multiplied by 100 divided by basic rate = £7,500 coding allowance
  • For an individual liable at the first higher rate the amount will be £1,500 multiplied by 100 divided by the first higher rate = £3,750 coding allowance
  • For an individual liable at the second higher rate the amount will be £1,500 multiplied by 100 divided by the additional rate = £3,000 coding allowance

Where the Scottish Rate of Income Tax applies, NPS will use the appropriate rate to calculate the coding allowance based on the individual’s highest rate of liability at the primary coded source.

Example – Scottish income tax rates 2016-17

  • For an individual liable at basic rate the amount will be £1,500 multiplied by 100 divided by the Scottish rate for Scottish taxpayers at basic rate = £7,500 coding allowance
  • For an individual liable at the first higher rate the amount will be £1,500 multiplied by 100 divided by the Scottish rate for Scottish taxpayers first higher rate = £3,750 coding allowance
  • For an individual liable at the Scottish rate for Scottish taxpayers second higher rate the amount will be £1,500 multiplied by 100 divided by the additional rate = £3,000 coding allowance

Claims for a combination of EIS, SEIS and SITR

In situations where claims are made for a combination of reliefs, this guidance should be followed in conjunction with that for SEIS at PAYE10047 and SITR at PAYE10048 with a combined figure being entered in IABD.

As EIS and SEIS claimants will be within SA, any inaccuracy in the relief given can be corrected when the return is submitted.

You must make a Contact History note which clearly explains the action taken to calculate the amount included in the code.