Income Tax (Earnings and Pensions) Act 2003

Convertible shares U.K.

49 U.K. Chapter 3 of Part 7 does not apply in relation to shares acquired before 17th March 1998.

50 (1) This paragraph relates to the operation of section 437 (cases where Chapter 3 of Part 7 does not apply). U.K.

(2) Section 437(1) applies in relation to any acquisition made before 6th April 2003 with the substitution of “if the person was not chargeable under Case I of Schedule E in respect of the office or employment in question” for the words from “if the earnings” onwards.

51 (1) This paragraph relates to the operation of section 439 (amount of charge on conversion of shares) in relation to an acquisition made before 6th April 2003. U.K.

(2) For the purposes of section 439(1) each of the following is a “deductible amount”—

(a) any amounts on which the employee has become chargeable to tax under Schedule E in respect of the acquisition of the convertible shares or the interest in them;

(b) if the convertible shares, or an interest in them, were acquired through a series of conversions each of which was a pre-commencement taxable conversion, the amount of the gain under section 140D(5) of ICTA from each conversion, so far as not falling within paragraph (a); and

(c) any amount on which the employee has become chargeable to tax in respect of the shares under section 78 or 79 of FA 1988 (unapproved employee share schemes) by reference to an event that occurred before 6th April 2003.

(3) In sub-paragraph (2)(b) a “pre-commencement taxable conversion” means a conversion which—

(a) gave rise to a gain on which the employee was chargeable to tax by virtue of section 140D of ICTA, or

(b) would have done so but for the fact that the market value of the shares at the time of the conversion did not exceed the sum of the deductible amounts.

52 (1) This paragraph relates to the operation of section 439 (amount of charge on conversion of shares) in relation to an acquisition made on or after 6th April 2003 through a series of conversions, one or more of which occurred before that date and each of which was a pre-commencement taxable conversion or a taxable conversion. U.K.

(2) In this paragraph—

• “pre-commencement taxable conversion” has the meaning given by paragraph 51(3), and

• “taxable conversion” has the meaning given by section 439(6).

(3) For the purposes of section 439(1) each of the following is a “deductible amount”—

(a) the amount of the gain under section 140D(5) of ICTA from each pre-commencement taxable conversion; and

(b) the taxable amount for each taxable conversion, so far as not falling within paragraph (c), (d) or (e) of section 439(2).

53 (1) This paragraph applies where— U.K.

(a) a person provided an individual with convertible shares, or an interest in such shares, in a company,

(b) those shares were converted in the tax year 2002-03 into shares of a different class, and

(c) the circumstances were such that the conversion gave rise, or might have given rise, to a charge under section 140D of ICTA (convertible shares) on the individual.

(2) Section 445 (duty to notify conversions of shares) applies in relation to the conversion subject to the following provisions.

(3) The particulars required by section 445(2) must be provided to the Inland Revenue before 6th May 2003.

(4) However, no particulars of the provision need be provided by a person under section 445 if that person has already given particulars of it under section 140G(3) of ICTA (which made provision corresponding to section 445 for tax years before 2003-04).