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Posted Wed, 14 Aug 2024 15:00:48 GMT by CTREckley
In Tax year 23/24, I was a Director of a holding company with a circa. 25% shareholding. I had loaned the company money and had bought shares in cash over the years. The main operating business 100% owned by the holding company went into administration when it was acquired via an asset purchase (the shares of the holding company were not bought). The holding company was subsequently put into voluntary creditors liquidation. As a result, I lost my loan and of course the value of the shares. I don't have any Capital Gains in 2023/24. My question is can I offset these losses against my payable income tax? If not, is it worthwhile logging these losses for future benefit? If so, how long would that benefit last for?
Posted Wed, 28 Aug 2024 11:28:21 GMT by HMRC Admin 5 Response
Hi

If the conditions are met for the loan to be a qualifying loan (you will need to determine this) you could claim a capital loss under s253, the loss cannot be set against other income, it would just be an ordinary capital loss.  
Please refer to CG65934 - Losses: loans to traders: other conditions for relief and also helpsheet HS296 Capital Gains Tax and Debts (2024).  

You should declare the loss within the normal 4 years for reporting capital gains losses and the loss can be carried forward indefinitely until he have chargeable gains.  
Please refer to HS286 Negligible value claims and Income Tax losses on disposals of shares you have subscribed for in qualifying trading companies (2024) for any neg value claim in respect of the shares.

Thank you

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