Part IV Shares, securities, options etc.

Chapter I General

Share pooling, identification of securities, and indexation

C3C2104 Share pooling: general interpretative provisions.

C11

Any number of securities of the same class acquired by the same person in the same capacity shall for the purposes of this Act be regarded as indistinguishable parts of a single asset growing or diminishing on the occasions on which additional securities of the same class are acquired or some of the securities of that class are disposed of.

2

Subsection (1) above—

a

does not apply to any securities which were acquired before 6th April 1982 or in the case of a company 1st April 1982;

F1aa

does not apply, except for the purposes of corporation tax, to any securities acquired on or after 6th April 1998; and

b

has effect subject to sections 105, 106 and 107.

F22A

Subsection (2)(aa) above shall not prevent the application of subsection (1) above to any securities that would be treated as acquired on or after 6th April 1998 but for their falling by virtue of section 127 to be treated as the same as securities acquired before that date.

3

For the purposes of this section and sections 105, 107, 110F6, 110A and 114—

  • F3a section 104 holding” is a holding of securities which, by virtue of subsection (1) above, is to be regarded as a single asset;

  • securities” does not include relevant securities as defined in section 108 but, subject to that, means—

    1. i

      shares or securities of a company; and

    2. ii

      any other assets where they are of a nature to be dealt in without identifying the particular assets disposed of or acquired; and

  • relevant allowable expenditure” has the meaning assigned to it by section 53(2)(b) and (3);

but shares or securities of a company shall not be treated as being of the same class unless they are so treated by the practice of a recognised stock exchange or would be so treated if dealt with on a recognised stock exchange.

F44

For the purposes of this Chapter securities of a company which are held—

a

by a person who acquired them as an employee of the company or of any other person, and

b

on terms which for the time being restrict his right to dispose of them,

shall (notwithstanding that they would otherwise fall to be treated as of the same class) be treated as of a different class from any securities acquired by him otherwise than as an employee of the company or of any other person and also from any shares that are not held subject to restrictions, or the same restrictions, on disposal or in the case of which the restrictions are no longer in force.

5

Nothing in this section or sections 110F7, 110A and 114 shall be taken as affecting the manner in which the market value of any securities is to be ascertained.

6

Without prejudice to the generality of subsections (1) and (2) above, a disposal of securities in a F5section 104 holding, other than a disposal of the whole of it, is a disposal of part of an asset and the provisions of this Act relating to the computation of a gain accruing on a disposal of part of an asset shall apply accordingly.