Tim Culverhouse - Partner 18 March 2014 Social Investment Tax Relief (SITR) Topic today • Looking at the Who, What, When, Why and How of SITR • CIC changes which could assist raising finance/investment • Other finance raising topical at the moment Francis Clark • Independent accounting firm with 45 partners and over 400 staff • Offices from Truro to Salisbury • Tax and sector specialists • My role www.francisclark.co.uk Why SITR, why now • Government consultation launched by PM at G8 conference 6 June 2013 to look at best environment to help SE in Britain – response to consultation issued 10 December 2013 • Tax system is often the key to creating the right environment for investment and encourage sector growth further • The proposed changes should give a more dynamic & interesting environment for investment – attracting new investors • Growing number of CICs and SE now looking for investment • The current environment: • CHARITY • PHILANTROPHIC TENDANCIES www.francisclark.co.uk V PRIVATE INVESTMENT/EQUITY What is being given • Fundamentally tax relief to individuals and a better investment environment for Social Enterprises • Income tax relief on Qualifying investments as a deduction from tax paid (rate announced tomorrow – budget day) – 30%? • Capital gains exemption on disposals of investments after the minimum investment period (3 years) – early redemption = clawback • Capital gains tax deferral – roll over a gain made into the purchase of qualifying social enterprise investment • No tax relief given on dividends/interest earned • Other relevant items include IHT relief and loss relief www.francisclark.co.uk Who can Qualify - Company • Limited by guarantee or by shares • Must have ‘social purpose’ and be regulated by someone who monitors this – e.g. CIC regulator, Charity commission • Employees less than 501 • Some activities are excluded (compared to EIS) • Agriculture • Coal and steel • Ship building • But SITR now includes Nursing and care homes (EIS doesn’t) • & Lending companies who lend to CICs/SEs (EIS doesn’t) • Very strict rules to follow – seek advice to qualify www.francisclark.co.uk Who can Qualify - Individual • UK resident paying tax • You only get relief if you have tax due (HNWs a target?) • Likely £1m cap on investments per investor per year • Limit on amount of ownership you can have is likely (30% or less) • Differs to Community Investment Tax Relief (CITR) which gives the investee 5% relief on the investment per annum for five years. www.francisclark.co.uk What can qualify – the investment • Shares / Equity • Loans / Debt • No security given and lowest ranking on a wind up • No entitlement to early repayment • Redeemable shares are possible (but watch for withdrawal of SITR) • MUST CARRY RISK TO THE INVESTOR www.francisclark.co.uk Why seek investment • Expertise and cash • Shared risk and reward • Structure to company • Forward planning and cashflow • Speed up the process for development • Downsides • Shared reward • Pressure and reporting • Formalities www.francisclark.co.uk Changes – CIC regulations • At 30 November 2013 there were 8666 CICs listed • Access to investment remains a barrier • Just 25% of CICs continue to opt for ‘Limited by shares’ • Conclusions from consultation: • Remove maximum dividend per share cap • Maximum aggregate dividend cap should remain at 35% • Performance related interest rate increased from 10% to 20% Timetable for change will be introduced soon by CIC regulator www.francisclark.co.uk Sources of funding • Individuals / Philanthropists • VCTs and Angel investment • Peer to peer lending • Crowdfunding / Crowdsourcing • SWIG • PWGF and Grants • Bank lending (security often required personally) • To name but a few…. 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