Paragraph 98

United Kingdom

(1)

Any gain accruing to the trustees is not a chargeable gain if the shares—

(a)

are shares in relation to which the requirements of Part VIII are met, and

(b)

are awarded to employees, or acquired on their behalf as dividend shares, in accordance with the plan within the relevant period.

(2)

If the shares are readily convertible assets at the time they are acquired by the trustees, the relevant period is the period of two years beginning with the date on which the shares are acquired by the trustees.

(3)

If at the time of their acquisition by the trustees the shares are not readily convertible assets, the relevant period is—

(a)

the period of five years beginning with the date on which the shares were acquired, or

(b)

if within that period the shares in question become readily convertible assets, the period of two years beginning with the date on which they did so,

whichever ends first.

(4)

For the purposes of determining whether shares are awarded to employees within the relevant period, shares acquired by the trustees at an earlier time are taken to be awarded to employees before shares of the same class acquired by the trustees at a later time.

This is subject to paragraph 76(1) (treatment of shares acquired from an employee share ownership trust).

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F1: Sch. 8 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)