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Part 4U.K.Loss relief

Chapter 6U.K.Losses on disposal of shares

Shares to which EIS relief is not attributableU.K.

134Qualifying trading companiesU.K.

(1)In relation to shares to which EIS relief is not attributable (see section 131(2)(b)), a qualifying trading company is a company which meets each of conditions A to [F1C].

(2)Condition A is that the company either—

(a)meets each of the following requirements on the date of the disposal—

(i)the trading requirement (see section 137),

(ii)the control and independence requirement (see section 139),

(iii)the qualifying subsidiaries requirement (see section 140), and

(iv)the property managing subsidiaries requirement (see section 141), or

(b)has ceased to meet any of those requirements at a time which is not more than 3 years before that date and has not since that time been an excluded company, an investment company or a trading company.

(3)Condition B is that the company either—

(a)has met each of the requirements mentioned in condition A for a continuous period of 6 years ending on that date or at that time, or

(b)has met each of those requirements for a shorter continuous period ending on that date or at that time and has not before the beginning of that period been an excluded company, an investment company or a trading company.

(4)Condition C is that the company—

(a)met the gross assets requirement (see section 142) both immediately before and immediately after the issue of the shares in respect of which the share loss relief is claimed, and

(b)met the unquoted status requirement (see section 143) at the relevant time within the meaning of that section.

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Word in s. 134(1) substituted (with effect in accordance with s. 38(3) of the amending Act) by Finance Act 2020 (c. 14), s. 38(2)(a)(i)

F2S. 134(5) repealed (with effect in accordance with s. 38(3) of the amending Act) by Finance Act 2020 (c. 14), s. 38(1)(a)