Section 317 — Income Tax Act 2007: Power to facilitate disposal to VCT by VCT-in-liquidation

Power to facilitate disposal to VCT by VCT-in-liquidation 317 1 Regulations may make provision authorised by subsection (2) for cases where shares in or securities of a company are acquired by a VCT from a VCT-in-liquidation.

2 The provision that may be made under subsection (1) for such a case is—

a provision for conditions mentioned in section 274(2) (conditions for approval as a VCT) to be treated for the purposes of section 274(1) as met, or as conditions that will be met, with respect to the VCT in relation to periods ending after the acquisition, b provision for the shares or securities acquired to be treated, at times after the acquisition when they are held by the VCT, as meeting the requirements of Chapter 4 (provisions for determining whether shares or securities form part of qualifying holdings),

and c provision for shares in the VCT issued in connection with the acquisition of the shares or securities from the VCT-in-liquidation and either—

i issued to a person who is a member of the VCT-in-liquidation, or ii issued to the VCT-in-liquidation and distributed by it in the course of its winding up or dissolution to a person who is one of its members, to be treated, for the purposes of Schedule 5C to TCGA 1992 (VCTs: deferred charge on re-investment), as representing shares in the VCT-in-liquidation held by that person.

3 Provision under subsection (1) may be made so as to apply in relation to shares or securities acquired from a VCT-in-liquidation—

a at any time during its winding up, or b during periods of its winding up specified by, or determined under, regulations.

4 In this section “ securities ” means any securities and includes any liability that is a security in relation to a company because of section 285(2) (securities).