EDGE_G_4 12-59-34_Layout 1 - The Tax Shelter Report

32 Edge Performance VCT plc
(c)
Loans
VCT reliefs may not be available if the investor takes out a loan specifically to subscribe in the VCT.
5. Consequences of loss of VCT status
(a)
(b)
(c)
For the VCT
The exemption from corporation tax on capital gains will not apply to any gain realised after the time from
which VCT status is lost. Where provisional approval is lost, all gains realised over the period during which
provisional approval was in force will be subject to corporation tax. Should tax status be lost under Section
274 of ITA the FSA will be notified as soon as possible and an announcement would be made using an
approved regulatory information service provider.
For Qualifying Subscribers
If VCT approval is treated as never having been given, or if it is withdrawn before the shares have been held
for five years, the relief will be withdrawn by the making of an assessment for the year of assessment for
which the relief was originally given on an amount equal to that relief. Interest on overdue tax may arise.
For Qualifying Subscribers and Qualifying Purchasers
(i) Dividend income
Dividend income will not be exempt from tax in respect of profits or gains arising or accruing in any
accounting period at a time when VCT status has been lost. A notional tax credit equal to 1/9th of the
net dividend paid will be available to offset against income tax due on the dividend.
(ii) Capital gains
If provisional VCT approval is withdrawn, approval is treated as never having been given. Gains and losses
on shares in the VCT will be taxable and allowable in the ordinary way. If full VCT approval is withdrawn,
the individual is treated as having disposed of his shares immediately before the status is lost, for market
value at that time, and is treated as reacquiring them at that value immediately after the status is lost.
Thus, any capital gains realised up to that date will be exempt from tax, but gains after that date will be
taxable in the ordinary way.
I:9.2.3
(B)
THE COMPANY
The following is a general guide to the tax position of a VCT. This summary is not intended to be comprehensive and
prospective investors are advised to seek their own independent professional advice.
1. Qualifying as a VCT
A VCT must not be a close company and must be approved as a VCT by HMRC. The main conditions for approval
are that throughout its most recent complete accounting period:
(a) the company’s income has been derived wholly or mainly from shares or securities (including loans to companies
with a five year or greater maturity period);
(b) at least 70% by value of its investments are represented by shares or securities in “Qualifying Holdings” (see
2 below), of which at least 30% by value are represented by holdings of ordinary shares carrying no preferential
rights (although in the case of investments made from funds raised by a VCT after a date to be introduced by
the Finance (No. 3) Act 2010, the requirement will be that at least 70% by value will be represented by
holdings of “eligible shares”, which will include certain forms of preference share). Additionally at least 10%
by value of investments in single companies or groups must be in ordinary shares which carry no preferential
rights;
(c) not more than 15% by value of its investments has been held in a single company or group (other than a VCT)
and the VCT must not control the companies in which it invests in such a way as to render them subsidiary
undertakings;
(d) it has not retained more than 15% of the income derived in that period from shares and securities;
(e) each class of its ordinary share capital has been quoted on the London Stock Exchange.