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Posted Thu, 15 Feb 2024 23:23:34 GMT by
I have read the page on the HMRC website regarding negligible value claims, as deducting against INCOME, but have some questions. It says that if you have shares that are negligible in value, you can claim to offset the loss against income in certain circumstances. It lists these as the asset has negligible value and you are still the owner of the stock. It then goes on to give multiple examples. Stating that the company in which you hold the asset must not be dissolved, as by this time you no longer hold the asset. Though Example 4 gives the example in which "The business failed in August 2022, the shares becoming worthless.You made a negligible value claim for the shares in September 2022". In this case, does 'failed' mean that the shares are worthless but the company is still yet to be dissolved? It is not clear whether it is dissolved or not. My next question is that, the only instance in which this can occur, that an asset has negligible value but is not dissolved is when the company is right at the end of the liquidation proceedings, but yet to be dissolved. Therefore you have about a 1 month window. This makes no sense, as I have a real life example where an asset of mine has negligible value, but by the time of 6th April, which will be the first chance to submit my tax returns for the 23-24 tax year, it is likely to be dissolved by then. Can I submit a negligible value claim, to offset against income tax when it has dissolved? You say no, but you literally give people pretty much zero chance to. For it to be possible, it would have to be between April and Jan, and one would have to keep submitting adjustments whenever an asset is negligible value but yet to be dissolved, as if it dissolves, then they can only claim it against capital gains instead. This makes little to no sense to me logistically.
Posted Tue, 20 Feb 2024 12:18:51 GMT by HMRC Admin 19

The company has to have stopped trading in order to qualify. You can see guidance here:

HS286 Negligible value claims and Income Tax losses on disposals of shares you have subscribed for in qualifying trading companies (2023)

Thank you.

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