EIS changes and overseas companies

The changes made to the EIS and VCT rules by F(No. 3)A 2010 make it more difficult for many overseas companies to qualify from 6 April 2011. Although the Act removed the requirement that a qualifying trade is carried on in the UK, it has introduced a new requirement that the overseas parent company has a permanent establishment in the UK. There are good reasons why an overseas holding company would not want to carry on a trade through a permanent establishment in the UK, but there are potential workarounds.