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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. |
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