The Seed Capital Scheme and the BES Presented by Cillian Byrnes Revenue

The Seed Capital Scheme and the BES THE BUSINESS EXPANSION SCHEME (BES) runs until 31 December 2013 The tax relief is given for the year in which the investment is made. The scope of the Scheme was widened in 1993 to provide a refund of tax already paid by an individual an individual must set up and take employment in a new qualifying business. The relief is known as the Seed Capital Scheme and will continue until 31st December, 2013.

The Seed Capital Scheme and the BES Finance Act 2004 –2007 amendments qualifying companies must be Micro, Small or Medium Sized Enterprises (SMEs) within the European Commission definition in force for the relevant period tax relief under the BES/SCS will be available for individual investments in companies registered in the European Economic Area but with an establishment in Ireland carrying out qualifying activities

The Seed Capital Scheme and the BES Finance Act 2004 –2007 amendments while a company may raise equity capital up to a general maximum of €2 million in the lifetime of the company a company may not raise more than €1.5 million in any twelve month period

The Seed Capital Scheme and the BES Finance Act 2004 –2007 amendments non viable companies within the European Community Guidelines on State Aid for rescuing and restructuring firms in difficulty are formally excluded

The Seed Capital Scheme and the BES Finance Act 2004 –2007 amendments  software development companies will qualify for the BES or SCS when approved for employment grant aid directors loans converted within 12 months into share capital can qualify for SCS relief

The Seed Capital Scheme and the BES The Company  the company must be set up with the intention to carry on qualifying trading operations Qualifying trading operations and qualifying criteria: the manufacture of goods (Certification from one of Enterprise Ireland, SFADCo, Udaras na Gaeltachta or County Enterprise Boards, as appropriate)

The Seed Capital Scheme and the BES The Company - Qualifying Trading Operations Computer services data processing services needs employment grant paid software development services needs grant approval technical or consultancy services need employment grant paid Above required from one of Enterprise Ireland, SFADCo or Udaras na Gaeltachta, as appropriate

The Seed Capital Scheme and the BES The Company - Qualifying Trading Operations internationally traded services certain activities which have the potential to become internationally traded services – these are qualifying trading operations for Seed Capital purposes only Both categories require Certification from one of Enterprise Ireland, SFADCo, Udaras na Gaeltachta or County Enterprise Boards, as appropriate

The Seed Capital Scheme and the BES The Company - Qualifying Trading Operations Approval for payment of an employment grant (or the receipt of an equity investment) from one of the industrial development agencies is required in the case of internationally traded services. in the case of activities which have the potential to become internationally traded services, an industrial development agency must have provided a certificate confirming eligibility for the grant of €2,540 towards the carrying out of a feasibility study

The Seed Capital Scheme and the BES The Company - Qualifying Trading Operations the operation of certain tourist traffic undertakings (Certification from Fáilte Ireland) the production, publication, marketing and promotion of a qualifying musical/video recording (Certification from The Minister for Arts, Sport & Tourism)

The Seed Capital Scheme and the BES The Company - Qualifying Trading Operations the cultivation of mushrooms the micro-propagation of plants and plant cloning the cultivation of horticultural produce in greenhouses Each category above requires certification from The Minister for Agriculture & Food

The Seed Capital Scheme and the BES The Company - Qualifying Trading Operations research and development activity which is undertaken with a view to carrying on certain of these qualifying trading operations and which are certified as such by an industrial development agency i.e. one of Enterprise Ireland, SFADCo, Udaras na Gaeltachta, as appropriate commercial research and development activities (Certification from one of Enterprise Ireland, SFADCo, Udaras na Gaeltachta or County Enterprise Boards, as appropriate)

The Seed Capital Scheme and the BES The Company - Qualifying Trading Operations recycling activities in relation to waste material, which has been subjected to any process or treatment, which results in value-added material that is re-usable (Certification from one of Enterprise Ireland, SFADCo or Udaras na Gaeltachta Payment of an employment grant from one of Enterprise Ireland, SFADCo or Udaras na Gaeltachta, as appropriate, is required in the case of Recycling Activities in relation to waste material

The Seed Capital Scheme and the BES conditions for both SCS &BES  A company that raises both Seed Capital and BES may raise a maximum of €2 million; up to a maximum of €1.5 million in any one twelve month period.  The shares issued in respect of your investment must not carry any preferential rights to dividends, assets or redemption.

The Seed Capital Scheme and the BES conditions for both SCS &BES You must not dispose of the shares for at least 5 years.  You must not enter into any agreement, arrangement or understanding which could reasonably be considered to eliminate the risk from your investment.  There must be no attempt to pass back your investment to you.  The company must be an unquoted company

The Seed Capital Scheme and the BES conditions for both SCS &BES  The company must use the amounts invested for the purposes of qualifying trading operations.  At least 75% of the income of the company must derive from qualifying trading operations.  The company (unless it has qualifying subsidiaries) must not control or be controlled by another company and it must not carry on a trade which is similar to another trade where both trades are under common control.

The Seed Capital Scheme and the BES SCS only-The Company  the company must obtain a certificate from the appropriate body certifying a bona-fide new venture

The Seed Capital Scheme and the BES conditions for SCS only You must enter into a full-time employment contract for at least one year with the company as an employee or a director you must buy shares in the company and all shares in company must be fully paid up.

The Seed Capital Scheme and the BES conditions for SCS only you must acquire at least 15% of the issued share capital of the company you must maintain the level of your shareholding at this percentage for at least one year even if the share capital of the company should expand this condition will apply in the case of both a first and a second investment.

The Seed Capital Scheme and the BES conditions for SCS only the sources of your income over the four tax years immediately before the year in which you invest in the company are reviewed. In the tax year immediately before the year in which you invest, your income may come from any source In the other three tax years, your non-PAYE income should not exceed the lower of €25,000 or your total PAYE-type income

The Seed Capital Scheme and the BES conditions for SCS only Your investment in the company may be made in two stages the second investment must be made within two years following the tax year in which your first investment is made

The Seed Capital Scheme and the BES The Refund  You can select the tax years for which you may claim refunds from any or all of the six years prior to the year of investment. Your investment must be claimed up to the extent of your total income in each of the selected years (subject to a max. of €100,000 – for investments made on or after 1/1/2007) There is no facility available where the investment can be spread over a number of years so as to utilise personal allowances/credits in each year.

The Seed Capital Scheme and the BES The Refund For each of the selected years, the refund is limited to the tax you have paid, with an upper limit in any year of the tax paid on €100,000.  The refund may be claimed immediately the company starts to trade.  If you have already received BES relief for any of the six years selected, the amount of the relief available to you in that year is the difference between €100,000 and the amount of the original BES investment.

The Seed Capital Scheme and the BES The Refund  You may obtain a refund in this manner for two investments in the company made within a three year period. Both investments, however, must be made in the same company. Your total investment is subject to an overall maximum refund of the tax paid on €600,000 (w.e.f. 1/1/2008).

The Seed Capital Scheme and the BES The BES Refund Under the BES - The annual investment limit is €150,000 Relief is claimed against total income in the year of investment

Contacts Cillian Byrnes - ph e mail Susan Cummins - ph e mail