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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Charges connected with holding of shares

  • Section 501 Charge on capital receipts in respect of plan shares
  • Section 502 Meaning of “capital receipt” in section 501
  • Section 503 Charge on partnership share money paid over to employee
  • Section 504 Charge on cancellation payments in respect of partnership share agreement
  1. Charges connected with holding of shares
  2. Meaning of “capital receipt” in section 501

Section 502 | Meaning of “capital receipt” in section 501

From legislation.gov.uk

(1)This section applies for determining whether any money or money’s worth is a “capital receipt” for the purposes of section 501.

(2)The general rule is that any money or money’s worth is a “capital receipt” for the purposes of section 501.

(3)The general rule is subject to the following exceptions.

(4)Money or money’s worth is not a capital receipt for the purposes of section 501 to the extent that—

(a)it constitutes income in the hands of the recipient for the purposes of income tax or would do so but for sections 489 to 498 (SIPs: tax advantages) or section 770 of ITTOIA 2005 (exemption for amounts applied by SIP trustees acquiring dividend shares or retained for reinvestment),F1

(b)it consists of the proceeds of disposal of the plan shares mentioned in section 501, or

(c)it consists of new shares within the meaning of paragraph 87 of Schedule 2 (company reconstructions).

(5)If, as a result of a direction given by or on behalf of the participant for the purposes of paragraph 77 of Schedule 2 (power of trustees to raise funds to subscribe for rights issues), the trustees—

(a)dispose of some of the rights under a rights issue, and

(b)use the proceeds of that disposal to exercise other such rights,

the money or money’s worth constituting the proceeds of that disposal is not a capital receipt for the purposes of section 501.

Notes

  1. F1

    Words in s. 502(4)(a) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 603 (with Sch. 2)

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