Part 5

Enterprise investment scheme
Chapter 4

The issuing company

The requirements

The issuing company to carry on the qualifying business activity requirement
183
1
The requirement of this section is met in relation to the issuing company if, at no time in period B, is any of the following—
a
the relevant qualifying trade,
b
relevant preparation work (if any), and
c
relevant research and development (if any),
carried on by a person other than the issuing company or a qualifying 90% subsidiary of that company.
2
Subsection (3) has effect for the purpose of determining whether the requirement of this section is met in relation to the issuing company in a case where relevant preparation work is carried out by that company or a qualifying 90% subsidiary of that company.
3
The carrying on of the relevant qualifying trade by a company other than the issuing company or a subsidiary of that company is to be ignored if it takes place at any time in period B before the issuing company or any qualifying 90% subsidiary of that company begins to carry on that trade.
4
The requirement of this section is not regarded as failing to be met in relation to the issuing company if, merely because of any act or event within subsection (5), the relevant qualifying trade—
a
ceases to be carried on in period B by the issuing company or any qualifying 90% subsidiary of that company, and
b
is subsequently carried on in that period by a person who is not at any time in period C connected with the issuing company.
5
The following are acts and events within this subsection—
a
anything done as a consequence of the issuing company or any other company being in administration or receivership, and
b
the issuing company or any other company being wound up, or dissolved without being wound up.
6
Subsection (4) applies only if—
a
the entry into administration or receivership, and everything done as a consequence of the company concerned being in administration or receivership, or
b
the winding up or dissolution,
is for genuine commercial reasons, and is not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.
7
In this section—
- “relevant preparation work” means preparations within section 179(2)(b) which are the subject of the qualifying business activity mentioned in section 174,
- “the relevant qualifying trade” means the qualifying trade which is the subject of that qualifying business activity,
- “relevant research and development” means—
  1. research and development within section 179(4) which is the subject of that qualifying business activity, and
  2. any other preparations for the carrying on of the qualifying trade which is the subject of that activity.