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Finance Act 2001

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This is the original version (as it was originally enacted).

Part 3Miscellaneous and general

Loss relief

38(1)Section 576 of the Taxes Act 1988 (supplementary provisions relating to relief for losses on shares in trading companies) is amended as follows.

(2)In subsection (4) (definition of “qualifying trading company”) omit the words from “at all times” to “and which”.

(3)In subsection (4A) (meaning of “eligible trading company” for purposes of subsection (4))—

(a)after paragraph (a) insert—

(ab)the reference in subsection (1A) of section 293 to the beginning of the relevant period were a reference to the time at which the shares in respect of which relief is claimed under section 573 or 574 were issued;,

(b)in paragraph (b) for the words from “and the condition” to the end substitute and after paragraph (a) of that subsection there were inserted—

(b)the company continues, during the winding up, to be a trading company within the meaning of section 576(5).;, and

(c)in paragraph (d) after “293” insert “(except subsection (1A))”.

(4)The amendment made by sub-paragraph (3)(b) has effect in relation to shares issued on or after 6th April 2001.

(5)The other amendments made by this paragraph have effect—

(a)in relation to shares issued on or after 7th March 2001, and

(b)in relation to shares issued after 5th April 1998 but before 7th March 2001, in respect of any part of the relevant period which falls on or after 7th March 2001.

(6)For the purposes of sub-paragraph (5)(b) “relevant period” has the meaning given in section 576(5) of the Taxes Act 1988.

Penalties in connection with returns etc.

39(1)In section 98 of the Taxes Management Act 1970 (c. 9), in the second column of the Table, in the entry for section 310(1), (2) and (3) of the Taxes Act 1988 after “(2)” insert “, (2A)”.

(2)This paragraph has effect in relation to shares issued on or after 6th April 2001, for claims for relief under Chapter 3 of Part 7 of the Taxes Act 1988 made for the year 2000-01 or any later year of assessment.

Commencement

40(1)Except where provision is made to the contrary, the amendments made by this Schedule have effect in accordance with the following provisions of this paragraph.

(2)The amendments made by paragraphs 2 to 8, 10 to 14, 24, 26 to 29 and 37 have effect—

(a)in relation to shares issued on or after 7th March 2001, and

(b)in respect of the application of Chapter 3 of Part 7 of the Taxes Act 1988 and Schedule 5B to the Taxation of Chargeable Gains Act 1992 (c. 12) on or after 7th March 2001 in relation to shares—

(i)that were issued after 31st December 1993 but before 7th March 2001, and

(ii)to which income tax relief or deferral relief was attributable immediately before 7th March 2001.

(3)The amendments made by paragraphs 15 to 21, 30 to 34 and 36 have effect—

(a)in relation to shares issued on or after 7th March 2001, and

(b)in relation to shares issued before that date, in respect of the application of the provisions mentioned in sub-paragraph (2)(b) in relation to—

(i)value received (within the meaning of section 300 of the Taxes Act 1988 or paragraph 13 of Schedule 5B to the Taxation of Chargeable Gains Act 1992), and

(ii)repayments made,

on or after that date.

(4)For the purposes of this paragraph—

  • “deferral relief” has the same meaning as in Schedule 5B to the Taxation of Chargeable Gains Act 1992 (c. 12) (enterprise investment scheme: reinvestment);

  • “income tax relief” means relief under Chapter 3 of Part 7 of the Taxes Act 1988 (enterprise investment scheme); and

  • “repayment” means a repayment, redemption, repurchase or payment mentioned in section 303(1) of the Taxes Act 1988 or paragraph 14(1) of Schedule 5B to the Taxation of Chargeable Gains Act 1992.

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