Employee Share Schemes Act 2002

3 Deductions: income tax and capital gains tax

(1) Schedule 8 to the Finance Act 2000 is also amended as specified in this section.

(2) In paragraph 88 (income tax), after sub-paragraph (4) there is inserted—

“(4A) In the case of shares acquired by the trustees by virtue of a payment in respect of which a deduction is allowed under paragraph 112A, the period applicable to the shares is (notwithstanding sub-paragraphs (3) and (4)) the period of ten years beginning with the date of acquisition.”

(3) In paragraph 98 (capital gains tax), after sub-paragraph (3) there is inserted—

“(3A) In the case of shares acquired by the trustees by virtue of a payment in respect of which a deduction is allowed under paragraph 112A, the relevant period is (notwithstanding sub-paragraphs (2) and (3)) the period of ten years beginning with the date of acquisition.”

(4) In paragraph 100 (classes of share for the purposes of capital gains tax), at the end there is inserted—

“(4) For the purposes of that Chapter, any shares which—

(a) were acquired by the trustees by virtue of a payment in respect of which a deduction is allowed under paragraph 112A, and

(b) have not been awarded under the plan,

shall (notwithstanding that they would otherwise fall to be treated as of the same class) be treated as of a different class from any shares held by the trustees that were not so acquired by them.”