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17

COLLECTIVE INVESTMENTS

Shares purchased on the secondary

market still count towards the £200,000

annual allowance

Secondary market purchases still pay

dividends tax-free and are also Capital

Gains tax-free

The minimum holding period is five

years. If the shares are disposed of

earlier than this, the investor has to

repay the rebate.

The Income Tax relief can be claimed

by completing the SA101 additional

information form issued by HMRC along

with the standard self-assessment form.

The investor just needs to enter the

total value of the VCT investment on the

form. The amount of tax they have to

pay will be reduced accordingly.

Alternatively, investors who pay their tax

by PAYE can write to HMRC requesting

that they adjust their tax code, so the

amount of tax they pay each month will

be reduced. Investors who do this will

need to include their national insurance

number, a P60 form if they have one

and a copy of their VCT tax certificate.

RULES FOR QUALIFYING

INVESTMENTS

Of course, those tax reliefs are designed

to encourage investments into smaller

companies that would ordinarily

struggle to obtain finance. There are

strict criteria around the types of

companies that can be invested in, the

amounts that can be invested and the

structure of the investment itself.

QUALIFYING COMPANIES

There are a number of rules governing

the types of firms that VCTs can invest

in. The main ones at the time of writing

(November 2015) are that the company

must not have net assets of more than

£15 million at the point of investment,

and must have fewer than 250 full-

time equivalent (FTE) employees at

the point of investment. The investee

companies are either unquoted, or

listed on AIM or the ISDX. There is an

annual investment limit of £5 million

and a lifetime limit of £12 million (these

limits are based upon the total amount

of funding received from all three of the

UK’s Tax Advantaged Venture Capital

Schemes: SEIS, EIS and VCT). There have

been some changes to the rules around

qualifying companies recently - we’ll go

into more detail on page 30.

Some trades are excluded from VCTs,

such as: dealing in land, property,

financial instruments; farming, forestry;

legal and accountancy services; managing

guest houses, hostels, care homes;

shipbuilding, coal and steel production

and renewable energy production

benefiting from Feed-in-Tariffs or

Renewable Obligation Certificates.

In addition, they must be an independent

company - they cannot be a subsidiary of

a non VCT qualifying firm.

At least 70% of the VCT has to be

invested in qualifying investments,

which are tested on various rules

such as the requirement that the

investee firm must have a permanent

UK establishment, or the financial

health requirement. It’s part of the VCT

manager’s job to ensure that they are

investing in qualifying investments,

and it’s worth advisers challenging the

manager on just how they do this. The

precise details governing qualifying

companies are available on the HM

Revenue & Customs website.

THE REGULATORY QUARTET

HM Treasury – Sets out the rules that

govern VCTs

HM Revenue & Customs – Ensures

that VCTs are compliant with the rules

Financial Conduct Authority –

Regulates the advice process

Financial Ombudsman Service –

Assesses any consumer complaints

THE VCT VEHICLE

The VCT itself is a collective investment,

very similar to an Investment Trust – a

listed investment company. However,

VCTs are also governed by some

additional rules. Of course, as an

investment company, VCTs will be a

closed, rather than open-ended fund.

Investors pool their money and

invest in a fund. The fund manager

invests this money in a portfolio of

assets to spread risk.

As closed-ended funds, trusts

have some advantages - and some

disadvantages - compared to OEICS.

It’s worth taking a moment to remind

ourselves of some of those so that we

can see why a closed-ended structure

is better for the types of investments

VCTs make.

“VCTs provide access to a wide-ranging portfolio of investments, offering exposure to companies at

various stages of maturity and which operate in a variety of industry sectors”

David Stevenson, Amati

Global Investors

LISTED

SHARES

PROPERTY

OTHER

FUNDS

DEBT

CASH

FUND

Collective funds can be open and closed-

ended, pool multiple investors’ money and

provide professional management

Source: AIC (2015)