Finance Act 2003

8(1)After Chapter 3C of Part 7 (inserted by paragraph 7(1)) insert—U.K.

Chapter 3DU.K.Securities disposed of for more than market value

446XApplication of this Chapter

This Chapter applies if—

(a)employment-related securities are disposed of by an associated person so that no associated person is any longer beneficially entitled to them, and

(b)the disposal is for a consideration which exceeds the market value of the employment-related securities at the time of the disposal.

446YAmount treated as income

(1)Where this Chapter applies the amount determined under subsection (3) counts as employment income of the employee for the relevant tax year.

(2)The “relevant tax year” is the tax year in which the disposal occurs.

(3)The amount is—

where—

CD is the amount of the consideration given on the disposal,

MV is the market value of the employment-related securities at the time of the disposal, and

DA is the amount of any expenses incurred in connection with the disposal.

446ZDefinitions

(1)In this Chapter “market value” has the meaning indicated in section 421(1).

(2)For the purposes of this Chapter sections 421(2) and 421A apply for determining the amount of the consideration given for anything.

(3)In this Chapter—

  • the employee”, and

  • employment-related securities”,

  • have the meaning indicated in section 421B(8).

(4)In this Chapter “associated person” has the meaning indicated in section 421C..

(2)Sub-paragraph (1) has effect in relation to securities, and interests in securities, disposed of on or after 16th April 2003.