November 11 2020

European Commission Closes Infringement Procedure against United Kingdom Regarding Income Tax Relief for Losses on Disposals of Shares

Source: IBFD Tax Research Platform News

On 30 October 2020, the European Commission (EC) announced that the infringement procedure against United Kingdom regarding income tax relief for losses on disposals of shares had been closed.

According to the EC's reasoned opinion, the share loss relief should also be applicable to investments in non-UK resident entities to ensure that this relief is compatible with the free movement of capital (article 63 of the Treaty on the Functioning of the EU (TFEU)).

The United Kingdom followed EC's request in section 38 of the Finance Act 2020 by extending the income tax and corporation tax relief to disposals of shares in companies anywhere in the world (applicable as from 24 January 2019, see here). For the Finance Bill 2020 Explanatory Notes, see "Clause 37: Losses on disposal of shares: abolition of requirements to be UK business" here.