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Finance Act 2002

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This is the original version (as it was originally enacted).

Effect of receipt of value on future claims for relief

38(1)This paragraph applies where the investment consists of securities or shares and—

(a)the investor receives any value (other than insignificant value) from the CDFI during the period of restriction, and

(b)the investment or a part of it is held by the investor at the time the value is received and has been held by him, as sole beneficial owner, continuously since the investment was made (“the continuing investment”),

but no relief attributable to the continuing investment is withdrawn under paragraph 32 as a result of the receipt.

(2)For the purposes of calculating any relief in respect of any securities or shares included in the continuing investment for any relevant tax year or accounting period, the amount subscribed for the securities or shares comprising the continuing investment shall be treated as reduced by the amount of the value received.

(3)For this purpose the “relevant” tax years or accounting periods are—

(a)any tax year or accounting period ending on or after the anniversary of the investment date immediately preceding the receipt of value, or

(b)if the value was received on an anniversary of the investment date, any tax year or accounting period ending on or after that anniversary.

(4)For the purposes of this paragraph the investor receives insignificant value where he receives an amount of insignificant value; and for these purposes “an amount of insignificant value” means an amount of value which—

(a)does not exceed £1,000, or

(b)if it exceeds that amount, is insignificant in relation to the amount subscribed by the investor for the securities or shares comprising the continuing investment.

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