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Income Tax (Earnings and Pensions) Act 2003

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This is the original version (as it was originally enacted).

Tax advantages connected with shares ceasing to be subject to plan

497Limitations on charges on shares ceasing to be subject to plan

(1)No liability to income tax arises on free or matching shares ceasing to be subject to the plan, except as provided by—

(a)section 505 (charge on free or matching shares ceasing to be subject to plan), or

(b)section 507 (charge on disposal of beneficial interest during holding period).

(2)No liability to income tax arises on partnership shares ceasing to be subject to the plan, except as provided by section 506 (charge on partnership shares ceasing to be subject to plan).

(3)No liability to income tax arises on dividend shares ceasing to be subject to the plan, except as provided by section 68B(2) or 251C(1) of ICTA (charge under Case V of Schedule D or Schedule F on dividend shares ceasing to be subject to plan).

498No charge on shares ceasing to be subject to plan in certain circumstances

(1)A participant is not liable to income tax on shares ceasing to be subject to the plan if—

(a)they cease to be so subject on the participant ceasing to be in relevant employment, and

(b)subsection (2) applies.

(2)This subsection applies if the participant ceases to be in relevant employment—

(a)because of injury or disability,

(b)on being dismissed by reason of redundancy,

(c)by reason of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794) apply,

(d)if the relevant employment is employment by an associated company (see paragraph 95(2) of Schedule 2), by reason of a change of control or other circumstances ending that company’s status as an associated company,

(e)by reason of the participant’s retirement on or after reaching the specified retirement age (see paragraph 98 of Schedule 2), or

(f)on the participant’s death.

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