C1Part 7Community investment tax relief
Chapter 6Withdrawal or reduction of CITR
Disposals
360Disposal of loan during 5 year period
1
If the investment consists of a loan and within the 5 year period—
a
the investor disposes of the whole of the investment, otherwise than by way of a permitted disposal, or
b
the investor disposes of a part of the investment,
any CITR attributable to the investment in respect of any tax year must be withdrawn.
2
For the purposes of this section—
a
a disposal is “permitted” if—
i
it is by way of a distribution in the course of dissolving or winding up the CDFI,
ii
it is a disposal within section 24(1) of TCGA 1992 (entire loss, destruction, dissipation or extinction of asset),
iii
it is a deemed disposal under section 24(2) of that Act (claim that value of asset has become negligible), or
iv
it is made after the CDFI has ceased to be accredited under this Part, and
b
a full or partial repayment of the loan is not treated as giving rise to a disposal.
361Disposal of securities or shares during 5 year period
1
This section applies if the investment consists of securities or shares and—
a
the investor disposes of the whole or any part of the investment (“the former investment”) within the 5 year period,
b
the CDFI has not ceased to be accredited before the disposal, and
c
the disposal does not arise as a result of an event within section 366(1)(a) (repayment, redemption or repurchase of securities or shares included in the investment).
2
If the disposal is not a qualifying disposal, any CITR attributable to the former investment in respect of any tax year must be withdrawn.
F23
Subsections (3A) to (3H) apply if—
a
the disposal is a qualifying disposal, and
b
the investor has made a claim under section 335 in respect of the former investment for a tax year (“tax year X”).
3A
Subsection (3B) applies if the total of the following CITR does not exceed A—
a
any CITR attributable to the former investment in respect of tax year X given under section 335, and
b
any CITR attributable to the former investment in respect of later tax years given under section 335A where tax year X is the tax year mentioned in section 335A(1)(a).
3B
All CITR falling within subsection (3A)(a) or (b) must be withdrawn.
3C
If the total of the CITR falling within subsection (3A)(a) or (b) exceeds A, that total must be reduced by A.
3D
For the purposes of subsection (3C) CITR given in a later tax year must be reduced before CITR given in an earlier tax year.
3E
For the purposes of subsections (3A) and (3C) “A” is an amount equal to 5% of the amount or value of the consideration (if any) which the investor receives for the former investment.
3F
If—
a
the total of the CITR falling within subsection (3A)(a) or (b)(“B”) is less than
b
the amount (“C”) which is equal to 5% of the invested amount in respect of the former investment for tax year X,
“A” is to be reduced by multiplying it by the fraction—
3G
If the amount of CITR attributable to the former investment in respect of a tax year has been reduced before the CITR is obtained, the amount referred to in subsection (3F) as B is to be treated for the purposes of that subsection as the amount it would have been without the reduction.
3H
Subsection (3G) does not apply to a reduction by virtue of section 358 (attribution: bonus shares).
4
For the purposes of this section “qualifying disposal” means a disposal that is—
a
by way of a bargain made at arm's length, or
b
a permitted disposal (within the meaning of section 360).
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Pt. 7 modified by 2005 c. 7, s. 54A (as inserted (10.7.2008) by The Alternative Finance Arrangements (Community Investment Tax Relief) Order 2008 (S.I. 2008/1821), arts. 1, 2)