SCHEDULES

SCHEDULE 2Transitionals and savings

Part 6Losses on disposal of shares

Qualifying trading companies

38

1

In relation to shares issued before 17 March 2004, section 134(2)(a) applies with the omission of sub-paragraph (iv) and the “and” immediately before it.

2

In relation to shares issued before 6 April 1998, section 134 applies with the substitution for subsections F4(2) to (4) of—

2

Condition A is that the company either—

a

is a trading company on the date of the disposal, or

b

has ceased to be a trading company at a time which is not more than 3 years before that date and has not since that time been an excluded company or an investment company.

3

Condition B is that the company either—

a

has been a trading company for a continuous period of 6 years ending on that date or at that time, or

b

has been a trading company for a shorter continuous period ending on that date or F5at that time and has not before the beginning of that period been an excluded company or an investment company.

4

Condition C is that none of the shares in the company has been listed on a recognised stock exchange at any time in the period—

a

beginning with the incorporation of the company or, if later, 12 months before the date on which the shares in question were subscribed for, and

b

ending with the date on which the shares are disposed of.

F25

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3

In relation to shares issued before 7 March 2001, section 134(4)(b) applies with the substitution for “at the relevant time” of “throughout the relevant period”.

4

For the purposes of sub-paragraph (3), shares that were issued—

a

F3... after 5 April 1998, but

b

before 7 March 2001,

are treated as having been issued F3... after 7 March 2001 in respect of any part of the relevant period which falls F3... after that date.

F15

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