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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Tax charge on post-acquisition chargeable events

  • Section 426 Charge on occurrence of chargeable event
  • Section 427 Chargeable events
  • Section 428 Amount of charge
  • Section 428A Relief for secondary Class 1 contributions met by employee
  • Section 429 Case outside charge under section 426
  • Section 430 Election for outstanding restrictions to be ignored
  • Section 430A Application of this Chapter where securities exchanged for further securities
  • Section 431 Election for full or partial disapplication of this Chapter
  • Section 431A Shares under tax advantaged plan or scheme
  • Section 431B Securities acquired for purpose of avoidance
  • Section 432 Definitions
  1. Tax charge on post-acquisition chargeable events
  2. Case outside charge under section 426

Section 429 | Case outside charge under section 426 F1

From legislation.gov.uk

(1)Section 426 (charge on occurrence of chargeable event) does not apply if—

(a)the employment-related securities are shares (or an interest in shares) in a company of a class,

(b)the provision by virtue of which the employment-related securities are restricted securities, or a restricted interest in securities, applies to all the company’s shares of the class,

(ba)subsection (1A) is satisfied,F2

(c)all the company’s shares of the class (other than the employment-related securities) are affected by an event similar to that which is a chargeable event in relation to the employment-related securities, and

(d)subsection (3) or (4) is satisfied.

(1A)This subsection is satisfied unless something which affects the employment-related securities has been done (at or before the time when section 426 would apply) as part of a scheme or arrangement the main purpose (or one of the main purposes) of which is the avoidance of tax or national insurance contributions.F3

(2)For the purposes of subsection (1)(c) shares are affected by an event similar to that which is a chargeable event in relation to the employment-related securities—

(a)in the case of a chargeable event within section 427(3)(a) (lifting of restrictions), if the provision mentioned in subsection (1)(b) ceases to apply to them,

(b)in the case of a chargeable event within section 427(3)(b) (variation of restriction), if that provision is varied in relation to them in the same way as in relation to the employment-related securities, or

(c)in the case of a chargeable event within section 427(3)(c) (disposal), if they are disposed of.

(3)This subsection is satisfied if, immediately before the event that would be a chargeable event, the company is employee-controlled by virtue of holdings of shares of the class.

(4)This subsection is satisfied if, immediately before that event, the majority of the company’s shares of the class are not employment-related securities.F4

(5)Repealed

Notes

  1. F1

    Pt. 7 Ch. 2 substituted (1.9.2003 with effect in accordance with Sch. 22 para. 3(2)-(4) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 3(1); S.I. 2003/1997, art. 2

  2. F2

    S. 429(1)(ba) inserted (retrospective to 7.5.2004) by Finance Act 2004 (c. 12), ss. 86(2)(a)(3)(8), 86(1)

  3. F3

    S. 429(1A) substituted (with effect in accordance with Sch. 2 para. 6(2) of the amending Act) by Finance (No. 2) Act 2005 (c. 22), Sch. 2 para. 6

  4. F4

    Words in s. 429(4) substituted (retrospective to 7.5.2004) by Finance Act 2004 (c. 12), ss. 86(2)(a)(5)(8), 86(1)

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