Section 146 Options: application of rules as to wasting assets.

United Kingdom

(1)

Section 46 shall not apply—

(a)

to a quoted option to subscribe for shares in a company, or

(b)

to a traded option, or financial option, or

(c)

to an option to acquire assets exercisable by a person intending to use them, if acquired, for the purpose of a trade carried on by him.

(2)

In relation to the disposal by way of transfer of an option (other than an option falling within subsection (1)(a) or (b) above) binding the grantor to sell or buy quoted shares or securities, the option shall be regarded as a wasting asset the life of which ends when the right to exercise the option ends, or when the option becomes valueless, whichever is the earlier.

Subsections (5) and (6) of section 144 shall apply in relation to this subsection as they apply in relation to that section.

(3)

The preceding provisions of this section are without prejudice to the application of sections 44 to 47 to options not within those provisions.

(4)

In this section—

(a)

“financial option”, “quoted option” and “traded option” have the meanings given by section 144(8), and

(b)

“quoted shares or securities” means shares or securities which F1are listed on a recognised stock exchange F2... .

Annotations

Textual amendments

F1: Words in s. 146(4)(b) substituted (with effect in accordance with Sch. 38 para. 11(2) of the amending Act) by Finance Act 1996 (c. 8), Sch. 38 para. 11(1)
F2: Words in s. 146(4)(b) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 26 para. 8(4), Sch. 27 Pt. 6(5)

Notes on Part IV

Modifications

C1: Pt. IV: power to modify conferred (7.4.2005) by Finance Act 2005 (c. 7), s. 21(8)-(10)