[F1425No charge in respect of acquisition in certain casesU.K.
(1)Subsection (2) applies if the employment-related securities—
(a)are restricted securities, or a restricted interest in securities, by virtue of subsection (2) of section 423 (provision for transfer, reversion or forfeiture) at the time of the acquisition, and
(b)will cease to be restricted securities, or a restricted interest in securities, by virtue of that subsection within 5 years after the acquisition (whether or not they may remain restricted securities or a restricted interest in securities by virtue of the application of subsection (3) or (4) of that section).
(2)No liability to income tax arises in respect of the acquisition, except as provided by—
(a)Chapter 3 of this Part (acquisition by conversion),
(b)Chapter 3C of this Part (acquisition for less than market value), or
(c)Chapter 5 of this Part (acquisition pursuant to securities option).
(3)But the employer and the employee may elect that subsection (2) is not to apply to the employment-related securities.
(4)An election under subsection (3)—
(a)is to be made by agreement by the employer and the employee, and
(b)is irrevocable.
(5)Such an agreement—
(a)must be made in a form approved by [F2the Commissioners for Her Majesty’s Revenue and Customs] , and
(b)may not be made more than 14 days after the acquisition.]
Textual Amendments
F1Pt. 7 Ch. 2 substituted (1.9.2003 with effect in accordance with Sch. 22 para. 3(2)-(4) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 3(1); S.I. 2003/1997, art. 2
F2Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(2); S.I. 2005/1126, art. 2(2)(h)