RE: Parliament's Intentions (Propriety)24 Mar 2014 16:29
As I understand it (and it's still quite obscure to me), the trouble arose because the calculation of the right percentage to re-invest involved a discounted rate for the shares, but as is not uncommon for AIM shares, the market price suddenly leapt by a huge amount (because Scancell was successful in its trials), and that meant that the previously correct percentage was wrong. OXT had been in that situation before, and in that case had taken advice from HMRC before the transaction; this time I currently assume they used the same technique they'd been told to use before, but something had changed and it was now "wrong". As you suggest, it seems a little bizarre that you run into trouble by being successful. If they'd simply lost the lot, the original investors would still have their tax breaks. Also, it seems savage to revoke the status, so that all the investments previously made were invalidated, allowing a big tax grab going back 5 years. (Welcome to Brown's HMRC.) This could now happen to any VCT at any time. Certainly, at the moment they are all saying, we're so clever this couldn't happen to us, but how can they be sure? More importantly, how can any VCT investor now be sure? You'd have to make allowances for a possible retroactive grab back, for years, even after you'd managed to sell on the shares!
I wouldn't say that OT1 was dominated by Scancell in financial terms until its success (and that took some time). There is a set of small companies still ticking over, and at least some have reasonable prospects, but what now happens to them?