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Contents

Official guidance
Venture Capital Schemes Manual

VCM74300 · Share loss relief: individual and corporate claimants: individual claimants: type of company invested in: qualifying trading company

  • VCM74310 · The role of the concept
  • VCM74320 · Introduction
  • VCM74330 · History of the concept
  • VCM74340 · Seeking information from other offices
  • VCM74510 · Condition A: nature of the issuing company
  • VCM74610 · Condition A: trading requirement: introduction
  • VCM74620 · Condition A: trading requirement: qualifying trades and excluded activities
  • VCM74630 · Condition A: trading requirement: effect of administration or receivership
  • VCM74640 · Condition A: the trading requirement: how the requirement has changed over time
  • VCM74900 · Condition A: control and independence requirement: introduction
  • VCM74910 · Condition A: control and independence requirement: description
  • VCM74920 · Condition A: the qualifying subsidiaries requirement: introduction
  • VCM74930 · Condition A: the qualifying subsidiaries requirement: what is a qualifying subsidiary?
  • VCM74940 · Condition A: qualifying subsidiaries requirement: how the requirement has changed over time
  • VCM74950 · Condition A: property managing subsidiaries requirement: introduction
  • VCM74960 · Condition A: property managing subsidiaries requirement: definition of terms
  • VCM74970 · Condition A: property managing subsidiaries requirement: how this requirement has changed over time
  • VCM74990 · When requirements of condition A must be met
  • VCM75000 · Condition B
  • VCM75100 · Condition C: gross assets requirement
  • VCM75110 · Condition C: unquoted status requirement
  • VCM75120 · Condition D: relationship of issuing company to UK
  • VCM75130 · Future changes to the conditions
  1. Share loss relief: individual and corporate claimants: individual claimants: type of company invested in: qualifying trading company: contents
  2. Share loss relief: individual and corporate claimants: individual claimants: type of company invested in: qualifying trading company: introduction

VCM74320 | Share loss relief: individual and corporate claimants: individual claimants: type of company invested in: qualifying trading company: introduction

From HM Revenue & Customs · Venture Capital Schemes Manual

ITA07/S134 imposes three ‘high level’ conditions (A - C)* each of which must be met at the date of disposal of the shares in order for the company which issued the shares to be a qualifying trading company. Each of these high level conditions has two or more subsidiary requirements some or all of which must be met in order for the high level condition to be met. The following table introduces the high level conditions and their subsidiary requirements and provides links to more detailed guidance.

High level condition A: subsidiary requirements to be met at time of, or prior to, disposal of shares

All four subsidiary requirements must be met

Subsidiary requirementStatute (ITA 2007)Guidance
The trading requirementS137VCM74610+
The control and independence requirementS139VCM74900+
The qualifying subsidiaries requirementS140VCM74920+
The property managing subsidiaries requirementS141VCM74950+

High level condition B: subsidiary requirements in A also to be met throughout a specified period

Subsidiary requirements are alternative to one anothe

Subsidiary requirementStatute (ITA 2007)Guidance
subsidiary requirements in A to be met for continuous period of six yearsS134(3)(a)VCM75000
subsidiary requirements in A to be met for less than six years providing previous activities are limitedS134(3)(b)VCM75000

High level condition C: Upper limit on size of company issuing shares

Both subsidiary requirements must be met

Subsidiary requirementStatute (ITA 2007)Guidance
Gross assets requirement met before and after share issueS134(4)(a) & S142VCM75100
Unquoted status requirement met at the relevant timeS134(4)(b) & S143VCM75110

*Condition D was repealed by s38(1)(a) Finance Act 2020 with effect in relation to disposals made on or after 24 January 2019.

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