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Posted Mon, 19 Feb 2024 17:29:23 GMT by
I will be making NVC for an EIS investment in order to claim loss relief against income from a previous tax year. When I made the EIS investment I claimed deferral relief on a capital gain. Does the NVC always count as a disposal, and if so, what is the relevant date for bringing the capital gain back into charge? e.g. is it the date of the transaction (liquidation event)? (If so, it would be in a different tax year than the one the loss is carried back to.)
Posted Wed, 21 Feb 2024 10:43:30 GMT by HMRC Admin 19 Response
Hi,

It is important to recognise that when making a negligible value claim you would make a 'deeemed disposal' of your shares, with those shares then being immediately reacquired. The guidance which answers your question can be found at VCM23110 below, that states 'The deferred gain...will be brought back into charge when there is a chargeable event.' These events include 'a disposal, including a deemed disposal of the EIS eligible shares'.

VCM23110 - EIS: deferral relief: shares issued on or after 6 April 1998: when is the deferred gain brought back into charge?

It is therefore clear that if making a negligible value claim on EIS shares which formed the basis of a deferral relief claim, the revived gain would be brought back into charge on the date of deemed disposal. The date of your deemed disposal and reacquisition is generally the date of your claim, although an earlier date may be specified in your claim as long as a) it is a date later than that on which the shares became of negligible value and b) that earlier specified date is not more than 2 years before the beginning of the tax year of assessment in which the claim was made. You can see information here: 

CG13130 - Introduction and computation: occasions of charge: assets lost/destroyed/negligible value: date of deemed disposal/reacquisition

A negligible value claim may not be made if the shares no longer exist, for example, after the company concerned has been dissolved. 

Thank you.
Posted Wed, 21 Feb 2024 11:02:24 GMT by
Thank you for a very clear and comprehensive answer.

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