VCM47300 - VC loss relief: mixed holdings: part disposal: example

ICTA88/S576 (1)

In this example there is a part disposal of shares.

FACTS

  • In December 1994 a taxpayer subscribes for 2,000 shares in D Ltd at a cost of £5,000 without claiming any EIS relief.
  • In August 1995 the taxpayer buys a further 1,000 shares at a cost of £15,000.
  • In January 2002 the taxpayer sells 1,600 of the shares at arm’s length for £4,000.
  • D Ltd is a qualifying trading company.

The shares fall to be dealt with in a TCGA92/S104 holding. The computations are as follows:

Number of shares heldActual costIndexed cost
December 1994 subscription
2,000

£5,000

£5,000
Indexation December 1994 to August 1995






£135


2,000

£5,000

£5,135
August 1995 purchase
1,000

£15,000

£15,000


3,000

£20,000

£20,135
Indexation August 1995 to April 1998 *






£1,711
(* indexation to April 1998 only, CG17207)
3,000

£20,000

£21,846
January 2002 part disposal
(1,600)

(£10,667)

(£11,651)


1,400

£9,333

£10,195

To find the VC loss relief potentially due go through the fours steps described in VCM47150.

Step 1

Compute the allowable loss in the usual way. The disposal of 1,600 shares in January 2002 results in an allowable loss, as follows:

Disposal proceeds

£4,000
less indexed cost£11,651

or actual cost£10,667[#](£10,667)
Allowable loss

(£6,667)

[#] For disposals on or after 30 November 1993 indexation allowance cannot create or enhance an allowable loss.

Step 2

Identify the qualifying and the non-qualifying shares disposed of. As there are no relief shares (see VCM47050) the normal rules of ICTA88/S576 (1) apply and disposals are identified on a last in first out basis. The part disposal of 1,600 shares is identified:

  • 1,000 against the non-qualifying shares acquired in August 1995.
  • 600 against the qualifying shares acquired in December 1994.

Step 3

Calculate the part of the allowable loss which arises on the qualifying shares.

£6,667 x600= £2,500

1,600

Step 4

Compare the figure in Step 3 of £2,500 with the actual cost of the qualifying shares, which was £2.50 per share or £1,500 for the 600 qualifying shares sold. VC loss relief may be claimed on the lower figure of £1,500. The balance of the loss is £6,667 less £1,500 = £5,167 and is available as a capital loss.