Part 7Employment income: income and exemptions relating to securities

F1Chapter 3ASecurities with artificially depressed market value

Introduction

446AApplication of this Chapter

(1)

This Chapter applies in certain cases where the market value of employment-related securities (or other relevant securities or interests in securities) is reduced by things done otherwise than for genuine commercial purposes.

(2)

The following are among the things that are, for the purposes of this Chapter, done otherwise than for genuine commercial purposes—

(a)

anything done as part of a scheme or arrangement the main purpose, or one of the main purposes, of which is the avoidance of tax or national insurance contributions, and

(b)

any transaction between companies which are members of the same group on terms which are not such as might be expected to be agreed between persons acting at arm’s length (other than a payment for group relief).

(3)

In subsection (2)(b)—

(a)

“group” means a company and its 51% subsidiaries, and

(b)

“group relief” has the same meaning as in F2section 183(1) of CTA 2010.