F2PART 5BTax relief for social investments

Annotations:
Amendments (Textual)
F2

Pt. 5B inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 11 para. 1

CHAPTER 3Eligibility: conditions relating to the investor and the investment

257LDAF1The existing investments requirement

1

If at the time immediately before the investment is made the investor holds any shares in or debentures of—

a

the social enterprise, or

b

a company which at that time is a qualifying subsidiary of the social enterprise,

those shares or debentures must be risk finance investments or (in the case of shares) permitted subscriber shares.

2

A share or debenture is a “risk finance investment” for the purposes of this section if—

a

it is a share that was issued to the investor, or a debenture of which the investor is the holder in return for advancing an amount, and

b

at any time, a compliance statement under section 205, 257ED or 257PB is provided in respect of it or of shares or investments including it.

3

Subscriber shares are “permitted subscriber shares” for the purposes of this section if—

a

they were issued to the investor and have been continuously held by the investor since they were issued, or

b

they were acquired by the investor at a time when the company which issued them—

i

had issued no shares other than subscriber shares, and

ii

had not begun to carry on or make preparations for carrying on any trade or business.

4

In this section “debenture” is to be read in accordance with section 257L(6).