Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Poor replacement

15 March 2011 / Mark McLaughlin CTA (Fellow)
Issue: 4296 / Categories: Comment & Analysis , ESC C16 , Admin
MARK MCLAUGHLIN looks at the legislation to supersede ESC C16 and asks why the concession's scope is being restricted

KEY POINTS

  • ESC C16 is being replaced.
  • New £4 000 limit.
  • Effect on entrepreneurs’ relief entitlement.
  • Anti-avoidance rule could be an alternative.
  • Small and micro businesses.

HMRC are never short of surprises. Unfortunately few of them are of the pleasant variety. The consultation document ‘Extra statutory concessions – fourth technical consultation on draft legislation’ was issued on 13 December 2010. The consultation period ended on 7 March 2011. One of the concessions dealt with in this document was extra statutory concession (ESC) C16.

The purpose of ESC C16 (the text of which is reproduced in ESC C16) and the reason why it is being replaced by legislation were explained in my articles Don’t wind me up! and No ESCape.

In broad terms it allows distributions to shareholders...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.
back to top icon