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VCTs

Qualifying conditions for venture capital trusts (VCTs), enterprise investment schemes (EIS) and corporate venture schemes (CVS) are to be changed.

A qualifying company or group cannot employ more than fifty full time employees at the date the shares are subscribed for.

The company or group must have raised no more than £2 million under any or all of the above schemes during the twelve months ending on the date of the relevant investment. If this condition is breached, none of the shares in the issue that causes the limit to be exceeded will qualify for relief under any of the schemes.

The employee test and investment limit will not apply to investments made out of funds raised by VCTs before 6 April 2007, or to EIS or CVS shares issued before the 2007 Finance Bill receives Royal Assent.

The inadvertent breach rules are to be replaced and HMRC is to be given new powers to make Regulations in respect of the non-withdrawal of VCT approval.

The 70% qualifying holdings rule is also to be amended, so that disposals of qualifying holdings on or after 6 April 2007 will be ignored for the purpose of the 70% test if they have been held as part of qualifying holdings for least 6 months. This amendment is intended to give VCTs up to 6 months to reinvest or distribute disposal proceeds.
 

Our view
Some changes introduced will restrict the number of companies which can raise finance through these schemes. Although there is also some relaxation of the stringent conditions required to qualify for these reliefs, scheme providers and advisors will need to ensure that the rules are not accidentally breached leading to a withdrawal of relief.