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EU legal challenge to UK rules on losses on shares set against income

It was announced on 19 July 2018 that the European Commission has formally requested that the UK amend the following rules to ensure they are compatible with EU law:


Relief available

Non-compliant condition

Losses on shares set against income for income tax purposes

Where capital losses are generated on EIS shares or otherwise qualifying shares in unquoted trading companies the losses can be set against the individual's income in the year of the loss and / or the previous tax year

A non-EIS company only qualifies if it carries on its business wholly or mainly in the UK (ITA 2007 s 134(5))

Capital loss on irrecoverable loan to trader

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