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Legislation
Income Tax Act 2007

Crossheading Entitlement to relief

  • Section 261 Eligibility for relief
  • Section 262 Entitlement to claim relief
  • Section 263 Form and amount of relief
  • Section 264 No entitlement to relief if there is a linked loan
  • Section 264A Restricting relief where there is a linked sale
  • Section 265 No entitlement to relief which would have been lost if it had already been obtained
  1. Entitlement to relief
  2. Eligibility for relief

Section 261 | Eligibility for relief

From legislation.gov.uk

(1)An individual (“A”) is eligible for VCT relief for a tax year if—

(a)a VCT issues eligible shares to A in that year,

(b)the VCT issues the shares for raising money, and

(c)A subscribes for the shares on A's own behalf.

(2)The amount in respect of which A is eligible for VCT relief for the tax year by reference to any shares is the amount subscribed by A for the shares.

(3)A is eligible for VCT relief by reference to any shares only if—

(za)the shares are issued before 6 April 2035,

(a)the shares are both subscribed for and issued—

(i)for genuine commercial reasons, and

(ii)not as part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax, and

(b)A is at least 18 years old when the shares are issued.

(4)A is not eligible for VCT relief by reference to any shares if they are treated as issued to A by virtue of section 195(8) of FA 2003 (tax treatment of disposal by company of its own shares).See section 271(4) for provision requiring the giving of notices about the effect of this subsection.

(5)The Treasury may, by regulations, amend subsection (3)(za) to substitute a different date for the date for the time being specified there.

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