Part 23Company distributions
Chapter 3Matters which are not distributions
Purchase of own shares
1035Requirement as to period of ownership
(1)
The shares must have been owned by the seller throughout the 5 years ending with the date of the purchase.
(2)
In determining whether the requirement in subsection (1) is met in a case where the seller acquired shares of the same class at different times—
(a)
shares acquired earlier are taken into account before shares acquired later, and
(b)
any previous disposal by the seller of shares of that class is assumed to be a disposal of shares acquired later rather than of shares acquired earlier.
(3)
If the time when any shares were acquired would be determined for the purposes of capital gains tax under any provision of Chapter 2 of Part 4 of TCGA 1992 (reorganisation of share capital, conversion of securities etc) then, unless the shares—
(a)
were allotted for payment, or
(b)
were comprised in share capital to which section 1049 (stock dividends) applies,
the time when the shares were acquired is determined in the same way for the purposes of this section.