How strict is HMRC enforcement on the three-year trading window requirement for SEIS tax relief eligibility?
HMRC has tightened its approach to SEIS and EIS compliance significantly over the past 18 months. Members report that HMRC is now "pretty strict" on the three-year trading window requirement.
**Key points:**
- **EIS3 certificate applications** without recent advanced assurance are increasingly being questioned by HMRC, suggesting closer scrutiny of the trading history and timeline documentation. - For specialist or contentious cases, members recommend consulting **Philip Hare**, described as expensive but highly effective at arguing technical SEIS/EIS points with the tax authority. - The general consensus is that you should assume HMRC will enforce the requirement rigorously rather than take a lenient interpretation.
**Caveat:** This is based on members' recent experience rather than published HMRC guidance changes. If you're close to or crossing the three-year threshold, specialist advice is worth the investment.
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