Income Tax Act 2007 section 266

Loss of relief if shares disposed of within 5 years

Section 266 deals with the reduction or withdrawal of VCT income tax relief when an investor disposes of shares within five years of their issue.

  • If VCT shares are sold or otherwise disposed of within five years of issue, the income tax relief originally claimed may be reduced or completely withdrawn
  • Disposals not at arm's length (e.g. gifts or transfers below market value) result in full withdrawal of the relief
  • Arm's length disposals allow partial retention of relief, reduced by 30% of the sale proceeds received
  • Where only some shares of a class are disposed of, earlier-acquired shares are treated as sold first, and shares without VCT relief are treated as sold before those with relief

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