SCHEDULES

SCHEDULE 23Corporation tax relief for employee share acquisition

Part 5Supplementary provisions

Exercise of option after death of employee or recipient

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(1)

Where an option to acquire shares obtained by reason of the employee’s employment is exercised by the recipient after the employee’s death, the condition in paragraph 14 (income tax position of the employee) is treated as met if it would be met were the employee still alive.

(2)

Where an option to acquire shares obtained by reason of the employee’s employment is exercised after the death of the recipient, paragraph 1(1)(b) and Part 3 of this Schedule, and sub-paragraph (1) above, apply as if the recipient were still alive and the option were exercised by him.