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Finance Act 2002

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This is the original version (as it was originally enacted).

Provision that may be made by regulations under paragraph 8(1)

9(1)The provision that may be made under paragraph 8(1) for a case where there is a merger of two or more companies (“the merging companies”) is—

(a)provision for the successor company, or any of the merging companies, to be treated (whether at times before, during or after the merger) as a venture capital trust for purposes of tax enactments specified by regulations;

(b)provision for paragraph 3 of Schedule 15B to the Taxes Act 1988 (loss of relief on disposal of VCT shares within three years of their issue) not to apply in the case of disposals of shares in a merging company made in the course of effecting the merger;

(c)provision for such disposals not to be chargeable events for the purposes of Schedule 5C to the Taxation of Chargeable Gains Act 1992 (c. 12) (VCTs: deferred charge on re-investment);

(d)provision for conditions specified in section 842AA(2) of the Taxes Act 1988 (conditions for approval as a VCT) to be treated (whether at times before, during or after the merger) for purposes of section 842AA(2) and (3) of that Act as fulfilled, or as conditions that will be fulfilled, with respect to the successor company or any of the merging companies;

(e)provision for shares in or securities of a company that are acquired (whether at times before, during or after the merger) by the successor company from a merging company to be treated, at times after the acquisition when they are held by the successor company, as meeting requirements of Schedule 28B to the Taxes Act 1988 (provisions for determining whether shares or securities held by a venture capital trust form part of its qualifying holdings);

(f)provision for tax enactments specified by regulations to apply, with or without adaptations, in relation to the merger or transactions taking place (whether before, during or after the merger) in connection with the merger;

(g)provision authorising disclosure for tax purposes connected with the merger—

(i)by the Board or officers of the Board,

(ii)to any of the merging companies or the successor company,

(iii)of any information provided to the Board, or any officer of the Board, by or on behalf of any of the merging companies or the successor company.

(2)In this paragraph “securities” has the same meaning as in section 842AA of the Taxes Act 1988.

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