SolvedCG67810 | Reliefs: employee-ownership trusts: claims
From HM Revenue & Customs · Capital Gains Manual
Throughout this manual, all legislative references are to Taxation of Chargeable Gains Act 1992 (“TCGA92”) unless otherwise stated.
S236H(7)Where a person P makes a claim in respect of a disposal, the claim must include
information to identify the settlement,
the name of C, and the address of its registered office, and
the date of the disposal and the number of shares disposed of by P.
Additionally, for claims made on or after 6 April 2025, the claim must include
the number of employees of C at the date of disposal, or if C is the principal company of a trading group, any member of the group, and
the consideration for the disposal.
The ‘number of employees’ to include within the claim should include both part-time and full-time employees.
Where P is unable to ascertain the number of employees at the date of disposal, the requirement will be treated as met if P has taken all reasonable steps to ascertain the number, and makes a statement to that effect in the claim. “Reasonable” is not defined in law; so P must consider what a typical person would do, such as, requesting the number from an appropriate individual or team at C and not receiving the number after a repeat request.
236Q(6)
Where a trustee makes a claim in respect of a deemed disposal, the claim must include
information to identify the settlement that has become absolutely entitled to the trust property,
the name of the company whose shares are settled property, and the address of its registered office, and
the date of the deemed disposal and the number of shares deemed to have been disposed of by the claimant.
Additionally, for claims made on or after 6 April 2025, the claim must include
the number of employees of C at the date of disposal, or if C is the principal company of a trading group, any member of the group.
Where P is unable to ascertain the number of employees at the date of disposal, the requirement will be treated as met, as under S236H(7), if P has taken all reasonable steps to ascertain the number, and makes a statement to that effect in the claim.
S236H(8) and S236Q(7)
These draw attention to other sections which make provision about
events that prevent a claim being made, and
circumstances in which a claim is revoked.