VCM26320 - EIS: income tax relief: value received: circumstances and amount
ICTA/S300 (2) & (4); ITA/S216; ITA/S217
The circumstances in which individuals receive value, and how that value is quantified for the purpose of computing the amount of a reduction of relief, are shown below. In this context references to payments or transfers to individuals include ones made to them indirectly or made to anyone else to their order or for their benefit.
|
| Circumstances | Amount |
| i) | The company repays, redeems or repurchases any of its share capital or securities belonging to the individual | The amount receivable or, if greater, the market value of the shares or securities |
| ii) | The company makes a payment to the individual for giving up his right to any of its the shares or securities on their cancellation or extinguishment | The amount receivable or, if greater, the market value of shares or securities market |
| iii) | The company repays any debt owed to the individual* | The amount receivable or, if greater, the value of the debt |
| iv) | The company makes a payment to the individual for giving up his right to any debt on its extinguishment. (‘ordinary trade debts' - see footnote at end of table - and debts in respect of payments listed at VCM25070 are excepted from this rule) | The amount receivable or, if greater, the market value of the debt |
| v) | The company releases or waives any liability of the individual to the company | The amount of the liability |
| vi) | The individual fails to discharge a liability owed liability to the company within 12 months of the time when it ought have been discharged | The amount of the liability |
| vii) | The company discharges, or undertakes to discharge, an individual's liability to a third person | The amount of the liability |
| viii) | The company makes a loan or advance to the individual other than one repaid in full before the issue of the shares | The amount of the loan or advance |
| ix) | The company provides a benefit or facility for the individual | The cost to the company of providing the benefit facility less a consideration given for it by the individual |
| x) | The company transfers an asset to the individual for no consideration or consideration less than its market value | The difference between the market value of the asset and any consideration given for it |
| xi) | The individual transfers an asset to the company for a consideration in excess of its market value | The difference between the market value of the asset and the consideration received for it |
| xii) | The company makes any other payment to the individual, except payment within VCM25070 or one made in discharge of an ‘ordinary trade debt' (see footnote at end of table) | The amount of the payment |
| xiii) | The individual receives any payment or asset in connection with the winding up or dissolution of the company | The amount of the payment or market value of the asset |
| xiv) | The individual disposes any share capital or securities, or rights over such shares etc., to a person connected with the company -see VCM26330 | The amount receivable or, if greater, the market value of the shares |
‘Ordinary Trade Debt’
This is defined at ICTA/S301 (5) and ITA/S216 (10) as any
debt for goods and services supplied in the ordinary course of a
trade or business where any credit given does not exceed six months
and is not longer than that normally given to the customers of the
person carrying on the business.
(*) In relation to shares issued
before 17 March 2004 this provision (ICTA/S300
(2)(b)) applied to
any repayment of a debt owed to the individual
except those in which the debt was incurred on or after the date
when the individual subscribed for the shares on which the relief
is claimed, and otherwise than in consideration of the
extinguishment of a debt incurred before that date.
In relation to shares issued
on or after 17 March 2004 the repayment is only
treated as a receipt of value if it is made in connection with the
acquisition of shares. And the exception to the provisions is based
not on the timing of the subscription, but the date on which the
shares are issued.
(**) But remuneration which is allowed to a ‘business
angel' (see
VCM25080) is not treated as value
received.
An individual who receives value is obliged by ICTA/S310 (1)
and ITA/S240 to make a report to HMRC within 60 days. Failure to
make such a report attracts a penalty under TMA70/S98.
