Paragraph 115

United Kingdom

(1)

This paragraph applies where there occurs in relation to any of the participant’s plan shares (“the original holding”)—

(a)

a transaction which results in a new holding being equated with the original holding for the purposes of capital gains tax, or

(b)

a transaction that would have that result but for the fact that what would be the new holding consists of or includes a qualifying corporate bond,

other than a transaction within sub-paragraph (2).

A transaction in relation to which this paragraph applies is referred to below as a “company reconstruction".

(2)

Where an issue of shares of any of the following descriptions (in respect of which a charge to income tax arises) is made as part of a company reconstruction, those shares shall be treated for the purposes of this paragraph as not forming part of the new holding—

(a)

redeemable shares or securities issued as mentioned in section 209(2)(c) of the Taxes Act 1988;

(b)

share capital issued in circumstances such that section 210(1) of that Act applies;

(c)

share capital to which section 249 of that Act applies.

(3)

In this paragraph—

“corresponding shares”, in relation to any new shares, means the shares in respect of which the new shares are issued or which the new shares otherwise represent;
“new shares” means shares comprised in the new holding which were issued in respect of, or otherwise represent, shares comprised in the original holding;
“original holding” has the meaning given by sub-paragraph (1).

(4)

Subject to the following provisions of this paragraph, in relation to an employee share ownership plan, references in this Schedule to a participant’s plan shares shall be construed, after the time of the company reconstruction, as being or, as the case may be, as including references to any new shares.

(5)

For the purposes of this Schedule—

(a)

a company reconstruction shall be treated as not involving a disposal of shares comprised in the original holding,

(b)

the date on which any new shares are to be treated as having been awarded to the participant shall be that on which the corresponding shares were awarded,

(c)

the conditions in Part VIII shall be treated as fulfilled with respect to any new shares if they were (or were treated as) fulfilled with respect to the corresponding shares, and

(d)

the provisions of Part X (income tax) and Part XI (capital gains tax) shall apply in relation to the new shares as they would have applied to the corresponding shares.

Where the corresponding shares were dividend shares, the reference in paragraph (b) to the shares being awarded shall be read as a reference to the shares being acquired on behalf of the participant.

(6)

Sub-paragraphs (4) and (5) are subject to paragraph 116 (treatment of shares acquired under rights issue).

(7)

For the purposes of this Schedule if, as part of a company reconstruction, trustees become entitled to a capital receipt, their entitlement to the capital receipt shall be taken to arise before the new holding comes into being.

(8)

In the context of a new holding, any reference in this Schedule to shares includes securities and rights of any description which form part of the new holding for the purposes of Chapter II of Part IV of the M1Taxation of Chargeable Gains Act 1992.

Annotations

Marginal citations

M1: 1992 c. 12.

Notes on Schedule 8

Textual amendments

F1: Sch. 8 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)