SCHEDULES

SCHEDULE 23Employee shareholder shares

PART 1Income tax treatment of employee shareholder shares

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In Chapter 3 of Part 4 of ITTOIA 2005 (tax on dividends etc from UK companies), after section 385 insert—

Purchase by company of exempt employee shareholder shares

385ANo charge to tax on purchase by company of exempt employee shareholder shares

1

No tax is charged under this Chapter on the amount or value of a payment made by a company on the purchase of shares from an individual if—

a

the payment is made in respect of shares in the company,

b

the shares are exempt employee shareholder shares, and

c

at the time of the disposal, the individual is not an employee of, or an office-holder in, the employer company or an associated company of that company.

2

In this section—

  • exempt employee shareholder share”, “employer company” and “associated company” have the same meaning as in sections 236B to 236D of TCGA 1992 (capital gains tax treatment of employee shareholder shares);

  • in respect of shares in the company” has the same meaning as in Part 23 of CTA 2010 (company distributions) (see section 1113 of that Act).