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Legislation
Corporation Tax Act 2010

Crossheading Purchase of own shares

  • Section 1033 Purchase by unquoted trading company of own shares
  • Section 1034 Requirements as to residence
  • Section 1035 Requirement as to period of ownership
  • Section 1036 Determining the period of ownership
  • Section 1037 Requirement as to reduction of seller's interest as shareholder
  • Section 1038 Section 1037: effect of entitlement to profits
  • Section 1039 Requirements where purchasing company is a member of a group
  • Section 1040 Determining whether interests as shareholders in a group are substantially reduced
  • Section 1041 Section 1040: effect of entitlement to profits
  • Section 1042 Other requirements
  • Section 1043 Relaxation of requirements in certain cases
  1. Purchase of own shares
  2. Requirement as to period of ownership

Section 1035 | Requirement as to period of ownership

From legislation.gov.uk

(1)The shares must have been owned by the seller throughout the 5 years ending with the date of the purchase.

(2)In determining whether the requirement in subsection (1) is met in a case where the seller acquired shares of the same class at different times—

(a)shares acquired earlier are taken into account before shares acquired later, and

(b)any previous disposal by the seller of shares of that class is assumed to be a disposal of shares acquired later rather than of shares acquired earlier.

(3)If the time when any shares were acquired would be determined for the purposes of capital gains tax under any provision of Chapter 2 of Part 4 of TCGA 1992 (reorganisation of share capital, conversion of securities etc) then, unless the shares—

(a)were allotted for payment, or

(b)were comprised in share capital to which section 1049 (stock dividends) applies,

the time when the shares were acquired is determined in the same way for the purposes of this section.

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