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Official guidance
Employment Related Securities Manual

ERSM30000 · Restricted securities

  • ERSM30010 · Introduction
  • ERSM30030 · Shares acquired before 16 April 2003
  • ERSM30050 · Shares acquired before 16 April 2003: year and amount of charge
  • ERSM30070 · Shares acquired before 16 April 2003: exemption from charge: the 7 year rule
  • ERSM30090 · Shares acquired before 16 April 2003: exemption from charge: conditions to be met
  • ERSM30210 · Conditional shares acquired between 17 March 1998 and 15 April 2003: restricted shares subject to risk of forfeiture
  • ERSM30230 · Conditional shares acquired between 17 March 1998 and 15 April 2003: how are they taxed?
  • ERSM30240 · Conditional shares acquired between 17 March 1998 and 16 April 2003: specific issues dealt with in Tax Bulletin 46
  • ERSM30250 · Conditional shares acquired on or after 16 April 2003 but with chargeable event before 1 September 2003: how are they taxed?
  • ERSM30300 · Securities acquired on or after 16 April 2003: introduction
  • ERSM30310 · Meaning of restricted securities and restricted interest in securities
  • ERSM30330 · Definition of 'restriction' - holding of securities
  • ERSM30350 · Exceptions
  • ERSM30370 · No charge on acquisition: forfeiture condition 5 years or less
  • ERSM30390 · The charge
  • ERSM30410 · Securities disposed of for less than market value
  • ERSM30420 · Calculation of charge: simple examples
  • ERSM30440 · Excluded securities
  • ERSM30450 · Elections to exclude outstanding restrictions
  • ERSM30460 · Elections to exclude outstanding restrictions: further issues
  • ERSM30470 · Restricted shares acquired under tax-advantaged scheme - deemed election under section 431(1)
  • ERSM30480 · Securities acquired for purposes of avoidance - deemed election under Section 431(1)
  • ERSM30500 · Exchanges of restricted securities up to 16 July 2014
  • ERSM30506 · Exchange of restricted securities on or after 17 July 2014 - application of the chapter 2 charging provisions
  • ERSM30508 · Exchanges of restricted securities on or after 17 July 2014 - application of the chapter 2 charging provisions - examples
  • ERSM30510 · French FCPE (Fonds Commun de Placement d' Entreprise)
  • ERSM30520 · Memorandum of understanding between the BVCA and H M Revenue and Customs on the income tax treatment of managers' equity investments in venture capital and private equity backed companies
  1. Restricted securities: contents
  2. Restricted securities: introduction

ERSM30010 | Restricted securities: introduction

From HM Revenue & Customs · Employment Related Securities Manual

ERSM20010 describes the ways in which employers seek to incentivise and reward their employees with securities. The most frequently used are those described as ‘restricted’, ‘conditional’ or ‘forfeitable’. A special regime for Income Tax and NICs may apply to employment-related securities if they are restricted securities or a restricted interest in securities at the time of their acquisition. The current rules are set out in ITEPA03/S422 onwards.

There have been a number of changes to the way in which restricted securities have been treated over recent years. These are described in the following pages.

Restricted securities acquired before 16 April 2003ERSM30030
Conditional (forfeitable) securities acquired before 17 March 1998ERSM30200
Conditional (forfeitable) securities acquired between 17 March 1998 and 15 April 2003ERSM30210
Restricted or conditional (forfeitable) securities acquired on or after 16 April 2003 - chargeable event before 1 September 2003ERSM30250
Restricted securities acquired on or after 16 April 2003 - chargeable event on or after 1 September 2003ERSM30300
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