Part 2Income tax, corporation tax and capital gains tax

Chapter 3Employment-related securities

22Capital gains

(1)

TCGA 1992 is amended as follows.

(2)

In section 119A(3) (increase in expenditure by reference to tax charged in relation to employment-related securities: events giving rise to relevant income tax charge)—

(a)

after “employment income” insert “ in respect of the employment-related securities ”,

(b)

for the word “or” at the end of paragraph (c) substitute—

“(ca)

under section 447 of ITEPA 2003 (receipt of benefit) in a case where the benefit is an increase in the market value of the employment-related securities,”,

(c)

after paragraph (d) insert“or—

(e)

under subsection (3) of section 21 of the Finance Act 2005 (transitional charge in relation to shares in spin-out companies) by virtue of subsection (4)(b) of that section (election by employee).”, and

(d)

omit the words following the paragraphs.

(3)

After section 149AA insert—

“149ABShares in research institution spin-out companies

(1)

Where an individual has acquired shares (or an interest in shares) in circumstances where section 452(1) and (2)(a) of ITEPA 2003 (shares in research institution spin-out companies: market value on acquisition) apply (and section 149AA does not apply in relation to those shares (or interest in shares)) the consideration for the acquisition shall (subject to section 119A) be taken to be equal to the aggregate of—

(a)

the actual amount or value given for the shares (or interest in shares), and

(b)

any amount that constituted earnings under Chapter 1 of Part 3 of ITEPA 2003 (earnings) in respect of the acquisition.

(2)

Subsection (1) above applies only to the individual making the acquisition and, accordingly, is to be disregarded in calculating the consideration received by the person from whom the shares (or interest in shares) are (or is) acquired.”

(4)

The amendment made by paragraph (b) of subsection (2) has effect only in relation to disposals on or after 6th April 2005; but the other amendments made by that subsection have effect in relation to any disposal (whether before or after the passing of this Act).

(5)

The amendment made by subsection (3) has effect in relation to any acquisition (whether before or after the passing of this Act).