Savage & Improper HMRC Behaviour24 Mar 2014 17:59
Chasf
As a basis for appeal against HMRC withdrawal of VCT status, as a small investor I think it is right to question the application of the 15% rule in any form to OT1 and OT3 in 2014 (i.e. given the trusts age since launch). I do not believe Parliament intended in 1995 for VCT status to be withdrawn after the rights issue support of such a successful small business as Scancell.
I have just posted a slightly amended version of the following paragraph on the ft.com website. I believe Lucius Cary reached broadly similar but not exactly the same views many months ago. We shall doubtless see when the details of the appeal are made public or there is a judicial review.
As an investor, since launch, in OT3, I believe HMRC has acted without due propriety. The apparently clear concentration avoidance rationale for the 15% rule in the early years of a VCT life is less clear for a limited life (small business) VCT near the end of its life. The inevitable failures mean that after (say) ten years there is inevitable concentration in the portfolio that remains and increased concentration may be the best use for investors cash.. I do not believe Parliaments (1995) intention was that VCT status should be withdrawn if there was 15%concentration (however defined) after (say) 10 years: primarily VCTs are about encouraging investment in small business.