Section 809VN | Order of disposals etc

(1)Subsection (2) applies if at any time income or chargeable gains of an individual are treated under section 809VA as not remitted to the United Kingdom as a result of—

(a)more than one qualifying investment made in the same target company,

(b)more than one qualifying investment made in companies in the same eligible trading group, or

(c)qualifying investments made in an eligible trading company and in an eligible stakeholder company or eligible hybrid company that holds investments in that trading company.

(2)In the application of section 809VG at that time—

(a)treat the investments and holdings as if they were a single qualifying investment and a single holding, and

(b)assume that a disposal of all or part of that deemed single holding affects the deemed single investment in the following order.

(2A)The order is—

(a)so much of the qualifying investments as were made using money or other property that is designated as TRF capital (in a tax year after the tax year in which the investment is made) to the extent those qualifying investments were made using that money or other property, and then

(b)in relation to whatever remains, the order in which the qualifying investments were made (that is to say, on a first in, first out basis).

(3)Subsection (4) applies if at any time—

(a)income or chargeable gains of an individual are treated under section 809VA as not remitted to the United Kingdom as a result of one or more qualifying investments,

(b)in addition to that investment or those investments, a relevant person holds at least one other investment in the same target company, the same eligible trading group or a related eligible company, and

(c)that other investment is not a qualifying investment.

(4)In the application of section 809VG at that time—

(a)treat the investments and holdings as if they were a single investment and a single holding, and

(b)assume that a disposal of all or part of that deemed single holding is—

(i)a disposal of so much of the deemed single holding as is from any qualifying investments that were made using money or other property that is designated as TRF capital (in a tax year after the tax year in which the investment is made) to the extent those qualifying investments were made using that money or other property, and

(ii)if any of the deemed single holding remains after the disposal referred to in sub-paragraph (i), a disposal of a holding from qualifying investments until the holdings from all the qualifying investments have been disposed of.

(5)The reference to a “related eligible company”—

(a)in relation to an eligible trading company, is to an eligible stakeholder company or eligible hybrid company that holds investments in that company, and

(b)in relation to an eligible stakeholder company or eligible hybrid company, is to an eligible trading company in which that company holds investments.

(6)Subsections (2) and (4) apply whether the investments in question are held by the same relevant person or different ones.