SCHEDULES

SCHEDULE 2Employee securities: anti-avoidance

Post-acquisition benefits from securities

18(1)Section 447 (charge on other chargeable benefits from securities) is amended as follows.

(2)In subsection (1), for “by virtue of the ownership of employment-related securities by that person or another associated person” substitute “in connection with employment-related securities”.

(3)For subsection (4) substitute—

(4)If the benefit is otherwise chargeable to income tax this section does not apply unless something has been done which affects the employment-related securities 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.

(4)Sub-paragraph (2) has effect on and after 2nd December 2004 and sub-paragraph (3) has effect where something such as is mentioned in section 447(4) of ITEPA 2003 has been done on or after that date.