Part 5Enterprise investment scheme

Chapter 6Withdrawal or reduction of EIS relief

Repayments etc of share capital to other persons

228Single issue treated as made partly in previous tax year

(1)

This section applies if—

(a)

section 224(2) applies to EIS relief attributable to shares held by an individual, and

(b)

part of the issue of shares has been treated as issued to the individual in a previous tax year for the purposes of section 158(1) and (2) (form and amount of EIS relief).

(2)

This subsection explains how the calculation under section 224(2) is to be made.

Step 1

Apportion the amount referred to as “R” between the tax year in which the shares were issued and the previous tax year by multiplying that amount by the fraction—

ABmath

where—

A is the amount on which the individual obtains EIS relief in respect of the shares treated as issued in the tax year in question, and

B is the sum of that amount and the corresponding amount in respect of the shares treated as issued in the other tax year.

Step 2

In relation to each of the amounts (“R1” and “R2”) so apportioned to the two tax years, calculate the amounts (“X1” and “X2”) that would be given by the formula if there were separate issues of shares in those tax years.

In calculating amounts X1 and X2, apply section 229 if appropriate but do not apply section 226 or 227.

Step 3

Add amounts X1 and X2 together.

The result is the required amount.