[F1144ZBException to rule in section 144ZAU.K.
(1)This section applies where—
(a)section 144ZA would apply but for this section in relation to an option, and
(b)the exercise of the option is non-commercial (see section 144ZC).
(2)But this section does not apply if—
(a)the option is a securities option within the meaning of Chapter 5 of Part 7 of ITEPA 2003 (see section 420(8) of that Act) to which that Chapter applies F2... (see section 471 of that Act), or
(b)section 144ZD of this Act (value of underlying subject matter of option altered with a view to obtaining a tax advantage) applies in relation to the option.
(3)Where this section applies, neither section 144ZA nor the following provisions of section 144 shall apply in relation to the option—
(a)in subsection (2), the words from “and accordingly” to the end of that subsection, and
(b)in subsection (3), the words from “and accordingly” to the end of that subsection;
but subsection (4) or (5) below shall instead have effect (subject to subsection (6) below).
(4)If the option binds the grantor to buy—
(a)the cost of acquisition incurred by the grantor in buying in pursuance of his obligations under the option, and
(b)the consideration for the disposal of what is bought by the grantor,
shall be deemed for the purposes of tax in respect of chargeable gains to be the market value, at the time the option is exercised, of what is bought.
(5)If the option binds the grantor to sell—
(a)the consideration for the sale, and
(b)the cost to the person exercising the option of acquiring what is sold,
shall be deemed for the purposes of tax in respect of chargeable gains to be the market value, at the time the option is exercised, of what is sold.
(6)But if the whole or any part of the underlying subject matter of the option (see subsection (7)) is subject to any right or restriction which is enforceable by the person disposing of the underlying subject matter or a person connected with him—
(a)the market value of the underlying subject matter shall be determined for the purposes of subsection (4) or (5) above as if the right or restriction did not exist, and
(b)to the extent that subsection (6) or (7) of section 18 would apply apart from this paragraph, it shall be disregarded.
(7)In this section “underlying subject matter”, in relation to an option, means—
(a)if the option binds the grantor to sell, what falls to be sold on exercise of the option;
(b)if the option binds the grantor to buy, what falls to be bought on exercise of the option.]
Textual Amendments
F1Ss. 144ZB-144ZD inserted (with effect in accordance with Sch. 5 para. 6(1) of the amending Act) by Finance (No. 2) Act 2005 (c. 22), Sch. 5 para. 2
F2Words in s. 144ZB(2)(a) omitted (with effect in accordance with Sch. 9 para. 48 of the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 9 paras. 25, 47