Amendment of regulation 34 (capital gains tax – adaptation of enactments)15

1

Amend regulation 3432 as follows.

2

In paragraph (2)(a), in the notionally added subsection (12)(b)(iii) of section 106A of the Taxation of Chargeable Gains Act 199233, for “employee share ownership plan” substitute “SIP”.

3

In paragraph (2)(a), in the notionally added subsection (13) of section 106A of the Taxation of Chargeable Gains Act 1992, for paragraph (c) and the word “and” immediately preceding it substitute—

c

“approved SIP” and “ceased to be subject to the plan” shall be construed in accordance with the SIP code (see section 488(3) of ITEPA 2003); and

d

“plan shares”, in relation to an approved SIP, shall be construed in accordance with the SIP code (see section 488(3) of ITEPA 2003) except that—

i

paragraph 87(6) of Schedule 2 to ITEPA 2003 (meaning of the word “shares” in the context of company reconstructions) shall not apply, and

ii

in paragraph 88(2) of that Schedule (treatment of shares acquired under rights issue) the words “or securities or rights” shall be treated as omitted.