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Legislation
Income Tax Act 2007

Crossheading Business investment relief

  • Section 809VA Money or other property used to make investments
  • Section 809VB Failure to invest within 45 days
  • Section 809VC Qualifying investments
  • Section 809VD Condition A
  • Section 809VE Commercial trades
  • Section 809VF Condition B
  • Section 809VG Income or gains treated as remitted following certain events
  • Section 809VH Meaning of “potentially chargeable event”
  • Section 809VI The appropriate mitigation steps
  • Section 809VIA Application of appropriate mitigation steps where TRF capital involved
  • Section 809VJ The grace period allowed for the appropriate mitigation steps
  • Section 809VK Retention of funds to meet CGT liabilities
  • Section 809VL Effect of taking appropriate mitigation steps within grace period
  • Section 809VM Cases involving tax deposits
  • Section 809VN Order of disposals etc
  • Section 809VO Investments made from mixed funds
  1. Business investment relief
  2. Qualifying investments

Section 809VC | Qualifying investments

From legislation.gov.uk

(1)For the purposes of section 809VA, a person makes an investment if—

(a)shares in a company are issued to or acquired by the person, or

(b)the person makes a loan (secured or unsecured) to a company.

(2)The company is referred to as “the target company”.

(3)The shares or the person's rights under the loan (or both) forming the subject of the investment are referred to as “the holding”.

(4)The investment counts as a “qualifying investment” if —

(a)the investment is made before 6 April 2028,

(b)none of the money or other property used to make the investment is TRF capital, and

(c)conditions A and B are met when the investment is made.

(5)Conditions A and B are defined in sections 809VD and 809VF.

(6)A reference in this section to “shares” includes any securities.

(7)If a loan agreement authorises a company to draw down amounts of a loan over a period of time—

(a)entry into the agreement does not count for the purposes of this section as the making of a loan, but

(b)a separate loan is to be treated as made each time an amount is drawn down under the agreement.

(8)Accordingly—

(a)a separate investment is treated as made each time an amount is drawn down under the agreement, and

(b)the reference in subsection (3) to the person's rights under the loan applies only to so much of the person's rights as relate to the drawdown of that particular amount.

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