Business investment relief ― clawback of exemption

Produced by Tolley

The following Personal Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Business investment relief ― clawback of exemption
  • Clawback of remittance exemption
  • Extraction of value
  • Preventing a chargeable remittance following a potentially chargeable event
  • Order of disposals
  • Interaction with mixed funds rules
  • Capital gains tax position
  • Advising the client

Business investment relief ― clawback of exemption

Individuals who are not domiciled or deemed domiciled in the UK can bring foreign income and capital gains into the UK for the purposes of investment in UK companies without triggering aremittance. This is known as ‘business investment relief’. For more on the remittance basis, see the Remittance basis ― overview guidance note.

To be aqualifying investment, the company must be aprivate limited company whose shares are not traded on arecognised stock exchange.

The investment must be made within 45 days of the date the funds are brought into the UK.

For further information, see the Business investment relief ― qualifying investments guidance note. You are recommended to read that guidance note first before continuing.

The funds will become achargeable remittance if there is a‘potentially chargeable event’, such as the sale of the shares or if the company ceases to trade. If this event occurs, the taxpayer has agrace period (which varies depending on the type of event) to take the funds out of the UK or reinvest them in another qualifying investment to avoid aremittance.

These provisions apply where the funds are brought into the UK or the investment is made on or after 6 April 2012.

Following aconsultation in 2016, changes were introduced to the regime that apply where the funds are brought into the UK (or the investment is made) on or after 6 April 2017. The changes are designed to increase take-up of the relief and stimulate more investment into the UK. This guidance note has been updated to take account of the revised rules.

Clawback of remittance exemption

The funds will become achargeable remittance if there is a‘potentially chargeable event’.

The following are potentially chargeable events:

  1. a)

    the target company ceases to be an eligible trading company, an eligible stakeholder company, an eligible hybrid company or an eligible holding company (see the definitions in the Business investment relief ― qualifying

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