Part V Transfer of business assetsF1, F2business asset disposal relief and investors' relief

Annotations:
Amendments (Textual)
F1

Words in Pt. 5 heading inserted (15.9.2016) by Finance Act 2016 (c. 24), Sch. 14 para. 1(1)

F2

Words in Act substituted (with effect for the tax year 2020-21 and subsequent tax years) by Finance Act 2020 (c. 14), Sch. 3 paras. 7(2)(a), 8 (with Sch. 3 para. 7(3))

F3Chapter 5Investors' relief

Annotations:
Amendments (Textual)
F3

Pt. 5 Ch. 5 inserted (15.9.2016) by Finance Act 2016 (c. 24), Sch. 14 para. 2

Qualifying shares

169VBQualifying shares, potentially qualifying shares and excluded shares

1

Where there is a disposal of all or part of (or of an interest in) a holding of shares in a company, this section applies to determine whether a share which is in the holding at the time immediately before the disposal (“the relevant time”) is for the purposes of this Chapter—

a

a qualifying share,

b

a potentially qualifying share, or

c

an excluded share.

2

The share is a “qualifying share” at the relevant time if—

a

the share was subscribed for, within the meaning given by section 169VU, by the person making the disposal (“the investor”),

b

the investor has held the share continuously for the period beginning with the issue of the share and ending with the relevant time (“the share-holding period”),

c

the share was issued on or after 17 March 2016,

d

at the time the share was issued, none of the shares or securities of the company that issued it were listed on a recognised stock exchange,

e

the share was an ordinary share when issued and is an ordinary share at the relevant time,

f

the company that issued the share—

i

was a trading company or the holding company of a trading group (as defined by section 169VV) when the share was issued, and

ii

has been so throughout the share-holding period,

g

at no time in the share-holding period was the investor or a person connected with the investor a relevant employee in respect of that company (within the meaning given by section 169VW), and

h

the period beginning with the date the share was issued and ending with the date of the disposal is at least 3 years.

3

The share is a “potentially qualifying share” at the relevant time if—

a

the conditions in subsection (2)(a) to (g) are met, but

b

the period beginning with the date the share was issued and ending with the date of the disposal is less than 3 years.

4

The share is an “excluded share” at the relevant time if it is, at that time—

a

not a qualifying share, and

b

not a potentially qualifying share.

5

This section is subject to Schedule 7ZB (disqualification of share where value received by investor).

6

In relation to a share issued on or after 17 March 2016 but before 6 April 2016, any reference in subsection (2)(h) or (3) to “3 years” is to be read as a reference to the minimum period.

7

In subsection (6) “the minimum period” means the period of 3 years extended by a period equal in length to the period beginning with the date the share was issued and ending with 5 April 2016.