Part 2 Capital Gains Tax Exemption for Employee Shareholder Shares

Part 2 Capital Gains Tax Exemption for Employee Shareholder Shares

17

TCGA 1992 is amended as follows.

18

In section 58(2) (spouses and civil partners: disposals excepted from the usual rule)—

(a)     omit “or†at the end of paragraph (a), and

(b)     after paragraph (b) insert

“, or

(c)     if the disposal is of exempt employee shareholder shares (see sections 236B to 236D),â€.

19

(1)     Section 149AA (restricted and convertible employment-related securities) is amended as follows.

(2)     In subsection (1) for “Where†substitute “Subject to subsection (1A), whereâ€.

(3)     After that subsection insert—

“(1A)     Where an individual has acquired an asset consisting of shares which, on acquisition, became employee shareholder shares—

(a)     the consideration for the acquisition is (subject to section 119A) to be taken to be equal to any amount that constituted earnings under Chapter 1 of Part 3 of ITEPA 2003 (earnings) or section 226A of that Act (employee shareholder shares), and

(b)     no other consideration is to be treated as having been given for the acquisition of the shares.â€

(4)     In subsection (2)—

(a)     for “Subsection (1) above applies†substitute “Subsections (1) and (1A) applyâ€, and

(b)     for “is†substitute “areâ€.

(5)

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