Finance Act 2002 (c. 23)

SCHEDULES

SCHEDULE 16 U.K. Community investment tax relief

Part 6 U.K. Withdrawal of relief

Value received where there is more than one investment U.K.

37 (1) This paragraph applies where—

(a) the investor makes two or more investments in the CDFI (being investments in relation to which the investor is eligible for and claims relief), and

(b) the investor receives value (other than value within paragraph 35(1)(a)) which falls within the periods of restriction relating to two or more of those investments.

(2) Where this paragraph applies, paragraphs 31, 32, 34 and 38 have effect in relation to each investment referred to in sub-paragraph (1)(b) as if the amount of the value received were reduced by multiplying it by the fraction—

(3) For this purpose—

(a) A is the appropriate amount in respect of the investment in question, and

(b) B is the aggregate of that amount and the appropriate amount or amounts in respect of the other investment or investments.

(4) Where the investment consists of a loan, the appropriate amount for the purposes of sub-paragraph (3) is—

(a) if the value is received in the first or second year of the period of restriction, the average capital balance of the loan for the second year of that period, and

(b) if the value is received in a later year, the average capital balance of the loan for the year in question.

(5) For the purposes of sub-paragraph (4)—

(a) the average capital balance of the loan for a year is the mean of the daily balances of capital outstanding during the year, and

(b) the receipt of value shall be disregarded when calculating the average capital balance for the year in question.

(6) Where the investment consists of securities or shares, the appropriate amount for the purposes of sub-paragraph (3) is—

(a) if the value is received in the first year of the period of restriction, the amount subscribed for the securities or shares, and

(b) in any other case, the amount subscribed for such of the securities or shares as—

(i) are held by the investor at the time the value is received, and

(ii) have been held by him, as sole beneficial owner, continuously since the investment was made.

Commencement Information

I1 Sch. 16 para. 37 in force at 23.1.2003 by S.I. 2003/88, arts. 2, 3