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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Tax advantages: exercise of option

  • Section 529 Scope of tax advantages: option must be exercised by the specified anniversary
  • Section 530 No charge on exercise of option to acquire shares at market value
  • Section 531 Limitation of charge on exercise of option to acquire shares below market value
  1. Tax advantages: exercise of option
  2. Limitation of charge on exercise of option to acquire shares below market value

Section 531 | Limitation of charge on exercise of option to acquire shares below market value

From legislation.gov.uk

(1)This section applies if the option is to acquire shares at less than their market value—

(a)at the time when the option is granted, or

(b)if it is a replacement option, at the time when the original option was granted,

or at nil cost.

(2)If this section applies, the section 476 gain is—

Formula

CMV-(ACO+ACS)

where—

CMV is the chargeable market value,

ACO is the amount or value of the consideration given for the grant of the option, and

ACS is the amount, if any, for which the shares are acquired.

(3)“The chargeable market value” means—

(a)the market value of the shares—

(i)at the time when the option was granted, or

(ii)if it is a replacement option, at the time when the original option was granted, or

(b)the market value of the shares at the time when the option is exercised,

whichever is lower.

(3A)Repealed

(4)In this section “the section 476 gain” means the amount under section 478 (amount of charge under section 476) is to be regarded as the taxable amount for the purposes of section 476 in respect of the acquisition of the shares pursuant to the option.F1

(5)This section has effect subject to section 532 (modified tax consequences following disqualifying events).

Notes

  1. F1

    Words in s. 531(4) substituted (1.9.2003) by Finance Act 2003 (c. 14), Sch. 22 para. 37(1)(2); S.I. 2003/1997, art. 2

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