PART III

Income Tax, Corporation Tax and Capital Gains Tax
CHAPTER I

General

Investment in new corporate trades
51
1
In section 52 of the Finance Act 1981 (investment in new corporate trades)—
a
in subsection (3) (a) (claim for relief not allowed until company has traded for twelve months) for the words " twelve months " there shall be substituted the words " four months ";
b
in subsection (6) (effect of subsection (3)(a) where company is wound up before expiry of the twelve month period) for the words " twelve months " there shall be substituted the words " four months "; and
c
after subsection (8) there shall be inserted the following subsection—
8A
No account shall be taken of the relief, in so far as it is not withdrawn, in determining whether any sums are excluded by virtue of section 33 of the Capital Gains Tax Act 1979 (exclusion of expenditure by reference to tax on income) from the sums allowable as a deduction in the computation of gains and losses for the purposes of that Act.
2
In section 53 of that Act (limits of the relief) for subsection (2) there shall be substituted the following subsection—
2
The relief shall not be given—
a
to the extent that the amount or total amount subscribed by an individual for ordinary shares issued to him (whether or not by the same company) in the years 1981-82 and 1982-83 exceeds £30,000; and
b
to the extent that the amount or total amount subscribed by an individual for ordinary shares issued to him (whether or not by the same company) in the year 1983-84 exceeds £20,000 ;
but paragraph (a) above shall not authorise relief to be given to an individual in respect of so much of the total amount subscribed by him for shares issued to him in the year 1981-82 as exceeds £10,000.
3
In subsection (7) of section 55 of the Finance Act 1981 (restrictions as to share capital for qualifying company for purposes of section 52 of that Act) for the words " at any time in the relevant period include" there shall be substituted the words " include at any time in the period of three years beginning with the date of issue of the shares in respect of which relief is claimed ".
4
In subsection (1) of section 64 of that Act (reduction of sums allowable as deductions for capital gains tax) for the words from " reduced" to the end of paragraph (b) there shall be substituted the words
determined without regard to that relief, except that where those sums exceed the consideration they shall be reduced by an amount equal to—
a
the amount of that relief, or
b
the excess,
whichever is the less
.
1981 c. 35.
1979 c. 14.
1981 c. 35.