Background and key terms

Private equity and venture capital essentially involve the investment of capital into a unquoted company, in return for an equity stake. The investment is usually made on a medium to long-term basis.

There can be some inconsistency in how terminology is used within the sector. The term 'private equity' is often used to describe the industry as a whole, and the term 'venture capital' can be used synonymously with 'private equity' to also cover all stages of investment. However, a distinction can also be drawn between the two terms—with 'private equity' being used to refer to investment in more mature businesses and 'venture capital' being used to describe investment in business that are still in the early stages of development.

Types of investment

Investment within the private equity and venture capital sector can broadly take the form of:

  1. seed capital, which is capital provided to completely new businesses—finance is usually provided by friends and family of the entrepreneur setting up the business and by business ‘angels’ (usually unconnected wealthy individuals)

  2. venture capital, which is capital provided after seed investment

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Tax News

Market value, distributions and notional transactions—key SDLT lessons from Tower One St George Wharf Ltd v HMRC

Tax analysis: In Tower One St George Wharf Ltd v HMRC, the Court of Appeal considered the basis on which stamp duty land tax (SDLT) should be assessed and whether that resulted in SDLT being paid on the market value, the actual consideration paid, or on some other basis for a complex transaction within a corporate group. The taxpayer argued that the ‘Case 3’ exception under section 54(4) of the Finance Act 2003 (FA 2003) applied, which would result in SDLT being charged on the actual consideration. HMRC argued that the exception did not apply, which would result in SDLT being paid on the market value of the property. Alternatively, HMRC argued that if the exception did apply then the anti-avoidance provisions at FA 2003, s 75A applied, potentially resulting in an even higher SDLT charge. The Court of Appeal held that although the Case 3 exception applied, the anti-avoidance provision in FA 2003, s 75A also applied. This resulted in SDLT being assessed on an aggregate amount that was even higher than the property's market value (although HMRC did not seek to increase its assessment beyond market value). Therefore, the appeal was dismissed. As explained by Jon Stevens, partner, and Rory Clarke, solicitor, at DWF Law LLP, this decision deals with the interaction of a number of complex SDLT provisions and clarifies the SDLT provisions relating to transfers to connected companies and the SDLT anti-avoidance provisions, with implications for corporate structuring and tax planning.

View Tax by content type :

Popular documents