C1Part 7F3Employment income: income and exemptions relating to securities
Pt. 7: power to modify conferred (7.4.2005) by Finance Act 2005 (c. 7), s. 21(8)-(10)
Chapter 9Enterprise management incentives
Tax advantages: exercise of option
529Scope of tax advantages: option must be exercised within 10 years
1
Sections 530 to 540 apply in connection with the exercise of a qualifying option.
2
But those sections only apply in cases where the option is exercised on or before the tenth anniversary of—
a
the date of the grant of the option, or
b
if it is a replacement option, the date of the grant of the original option.
3
In the EMI code “the original option” means—
a
where there has been one replacement option, the option that that option replaced, or
b
where there have been two or more replacement options, the option that the first of them replaced.
530No charge on exercise of option to acquire shares at market value
1
This section applies if the option is to acquire shares at not less than their market value—
a
at the time when the option is granted, or
b
if it is a replacement option, at the time when the original option was granted.
2
If this section applies, no liability to income tax arises by virtue of section 476 (charge on exercise etc. of option by employee) in respect of the exercise of the option.
3
This section has effect subject to section 532 (modified tax consequences following disqualifying events).
531Limitation of charge on exercise of option to acquire shares below market value
1
This section applies if the option is to acquire shares at less than their market value—
a
at the time when the option is granted, or
b
if it is a replacement option, at the time when the original option was granted,
or at nil cost.
2
If this section applies, the section 476 gain is—
where—
CMV is the chargeable market value,
ACO is the amount or value of the consideration given for the grant of the option, and
ACS is the amount, if any, for which the shares are acquired.
3
“The chargeable market value” means—
a
the market value of the shares—
i
at the time when the option was granted, or
ii
if it is a replacement option, at the time when the original option was granted, or
b
the market value of the shares at the time when the option is exercised,
whichever is lower.
F13A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In this section “the section 476 gain” means the amount F2under section 478 (amount of charge under section 476) is to be regarded as the taxable amount for the purposes of section 476 in respect of the acquisition of the shares pursuant to the option.
5
This section has effect subject to section 532 (modified tax consequences following disqualifying events).
Pt. 7 heading substituted (with effect in accordance with Sch. 22 para. 2(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 2(1)