Part 4 Loss relief

Chapter 5 Losses on disposal of shares

Qualifying trading companies: supplementary

88 Substitution of new shares for old shares
(1) Subsection (2) applies if, in the case of any new shares held by a company or by a nominee for a company, the old shares for which they were exchanged were shares which had been subscribed for by the company (“the investor”).
(2) This Chapter has effect in relation to any subsequent disposal or other event as if—
(a) the new shares had been subscribed for by the investor at the time when, and for the amount for which, the old shares were subscribed for by the investor,
(b) the new shares had been issued by the new company at the time when the old shares were issued to the investor by the old company, and
(c) any requirements of this Chapter which were met at any time before the exchange by the old company had been met at that time by the new company.
(3) Nothing in subsection (2) applies in relation to section 195(7) of ITA 2007 as applied by section 79(7) above for the purpose of the definition of “excluded activities”.
Pt. 4 modified (with effect in accordance with reg. 1(2) of the amending S.I.) by The Risk Transformation (Tax) Regulations 2017 (S.I. 2017/1271), regs. 1(1), 10