Section 90 | Capital gains on certain stock dividends.

(1)This section applies where a company issues any share capital to which section 249 of the Taxes Act 1988 applies in respect of shares in the company held by a person as trustee, and another person is at the time of the issue absolutely entitled thereto as against the trustee or would be so entitled but for being an infant or other person under disability (or two or more other persons are or would be jointly so entitled thereto).^F1

(2)Notwithstanding paragraph (a) of section 77(2) above the case shall not constitute a reorganisation of the company’s share capital for the purposes of sections 77 to 79 above.

(3)Notwithstanding section 29A(1) above (disposal at market value) the person who is or would be so entitled to the share capital (or each of the persons who are or would be jointly so entitled thereto) shall be treated for the purposes of section 32(1) (a) above as having acquired that share capital, or his interest in it, for a consideration equal to the appropriate amount in cash within the meaning of section 251(2) to (4) of the Taxes Act 1988.^F2F1