CG17952a - Taper relief: joint venture enterprises - relevant connection
From 6 April 2000 TCGA92/SCHA1/PARA24 provides that one company
may have a relevant connection with another where they are members
of the same joint enterprise of companies. TCGA92/SchA1/PARA6, see
CG17948, explains when a company is a qualifying company in
relation to individuals and the trustees of a settlement. It may be
necessary to consider when a company has a relevant connection with
another to decide if shares in a company are at any time business
assets. Paragraph 24 extends the meaning of relevant connection in
the case of joint enterprise companies. CG17953 explains when one
company may have a relevant connection with another.
From 6 April 2000 to 16 April 2002
A company is a joint enterprise company if, and only if, 75%
or more of its ordinary share capital (in aggregate) is held by not
more than five companies. Shareholdings of members of groups are
treated as held by a single company.
A company has a qualifying shareholding in a joint
enterprise company if it holds more than 30% of the ordinary share
capital of the joint enterprise company, or it is a member of a
group of companies and it holds ordinary shares in the joint
enterprise company and the members of the group between them hold
more than 30% of that share capital.
For periods from 17 April 2002
The requirement is that 75% of the ordinary share capital
must be held by not more than 5 or fewer persons (previously this
rule related to companies).
A qualifying shareholding is a holding of more than 10%
(previously 30%)of the ordinary share capital of the joint
enterprise company.
For all periods from 6 April 2000
The following will have a relevant connection with
eachother:
- the investing company;
- the joint enterprise company;
- any company having a relevant connection with the investing company; and
- a 51% subsidiary or a member of the same commercial association of companies of the joint enterprise company
