Income Tax Act 2007 section 202

Time for making claims for EIS relief

Section 202 sets out the time window during which claims for Enterprise Investment Scheme (EIS) relief can be made in respect of shares issued in a given tax year.

• A claim for EIS relief cannot be made before the company has carried on its qualifying trade for at least four months, as required by section 176.
• The latest a claim can be made is five years after the normal self-assessment filing date for the tax year in which the shares were issued.
• Where part of a share issue is treated under section 158 as having been issued in a previous tax year, that part and the remainder are treated as separate issues for the purposes of determining claim deadlines.
• The portion deemed issued in the earlier tax year is treated as though it was actually issued on a day in that previous tax year, with its own corresponding claim window.