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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Tax charge on post-acquisition chargeable events

  • Section 438 Charge on occurrence of chargeable event
  • Section 439 Chargeable events
  • Section 440 Amount of charge
  • Section 441 Amount of gain realised on occurrence of chargeable event
  • Section 442 Amount of consideration given for entitlement to convert
  • Section 442A Relief for secondary Class 1 contributions met by employee
  • Section 443 Case outside charge under section 438
  1. Tax charge on post-acquisition chargeable events
  2. Chargeable events

Section 439 | Chargeable events F1

From legislation.gov.uk

(1)This section applies for the purposes of section 438 (charge on occurrence of chargeable event).

(2)Any of the events mentioned in subsection (3) is a “chargeable event” in relation to the employment-related securities.

(3)The events are—

(a)the conversion of the employment-related securities (or the securities in which they are an interest) into securities of a different description in circumstances in which an associated person is beneficially entitled to the securities into which the employment-related securities are converted,

(b)the disposal for consideration of the employment-related securities, or any interest in them, by an associated person otherwise than to another associated person (at a time when they are still convertible securities or an interest in convertible securities),

(c)the release for consideration of the entitlement to convert the employment-related securities (or the securities in which they are an interest) into securities of a different description, and

(d)the receipt by an associated person of a benefit in money or money’s worth in connection with the entitlement to convert (other than securities acquired on the conversion of the employment-related securities or consideration such as is mentioned in paragraph (b) or (c)).

(4)A benefit received on account of any disability (within the meaning of the Equality Act 2010 in England and Wales and Scotland, or the Disability Discrimination Act 1995) of the employee is to be disregarded for the purposes of subsection (3)(d).F2

Notes

  1. F1

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

  2. F2

    Words in s. 439(4) inserted by Equality Act 2010 (c. 15), Sch. 26 para. 51 (as inserted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 5) (with S.I. 2010/2317, art. 2)

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