CG56399 | Shares and securities: employee share schemes: employment-related securities: employee income- capital gains- employer's loss recompense

Employers sometimes agree to recompense the employee for any loss made on the sale of shares ('stop loss provisions'). The employee either sells the shares in the open market and receives a further sum as compensation or the shares are acquired from the employee for more than market value. The amount of the disposal consideration in excess of market value is assessable to Income Tax under Part 7 Chapter 3D Income Tax (Earnings and Pensions) Act (ITEPA) 2003. For this reason, it should not also be included in the consideration received when calculating the capital gains loss, even though this reimbursement means that overall there is no actual loss to the employee.