CG67802 | Reliefs: employee-ownership trusts: statute

Throughout this manual, all legislative references are to Taxation of Chargeable Gains Act 1992 (“TCGA92”) unless otherwise stated.

The relief was introduced through S290 and Schedule 37 Finance Act 2014 (FA14). The rules for relief are in S236H to S236U TCGA92and Sch37, Para 3, FA14 which cover the subjects listed below. The legislation was then amended in Finance Act 2025.

Section 236H Outline of the principal relief

Section 236I The ‘trading requirement’ for C

Section 236J The ‘all-employee benefit requirement’ for the settlement acquiring the shares

Section 236K Provisions about the ‘equality requirement’ in the previous section

Section 236L Cases in which ‘all-employee benefit requirement’ is treated as met

Section 236LA The ‘trustee independence requirement’

Section 236M The ‘controlling interest requirement’ for the settlement acquiring the shares

Section 236N The ‘limited participation requirement’

Section 236O ‘Disqualifying events’ in the tax year following the tax year in which a disposal took place, which prevent the relief from applying

Section 236P ‘Disqualifying events’, which trigger a deemed disposal and reacquisition by the trustees of the settlement

Section 236Q Relief for deemed disposals under TCGA92/S71

Section 236R ‘Disqualifying events’ in the tax year following the tax year in which a deemed disposal under section 236Q took place, which prevent the relief from applying

Section 236S Identification of shares

Section 236T Further provisions about significant and controlling interests

Section 236U Interpretation

Sch 37, Para 3 Transitional provisions, which affect the terms or the application of the following sub-sections of TCGA92

S236H(4)(b), (4)(c)(ii), (5) and (8)

S236N(1) and (3)

S236O

S236P(1), (2) and (3)

S236Q(7)

S236R