Section 509 Interpretation (Chapter 1)
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(1) In this Chapter and in Schedule 11-
"the appropriate percentage", in relation to any shares, shall be construed in accordance with section 511(3);
"approved scheme" shall be construed in accordance with section 510(1);
"the company concerned" has the meaning assigned to it by paragraph 3(1) of Schedule 11;
"group scheme" and, in relation to such a scheme, "participating company" have the meanings respectively assigned to them by paragraph 3(2) of Schedule 11;
"initial market value", in relation to any shares, shall be construed in accordance with section 510(2);
"locked-in value", in relation to any shares, shall be construed in accordance with section 512(1);
"market value", in relation to any shares, shall be construed in accordance with section 548;
"participant" shall be construed in accordance with section 510(1)(a);
"the period of retention" has the meaning assigned to it by section 511(1)(a);
"the release date" has the meaning assigned to it by section 511(2);
[''shares" includes stock and specified securities;
"specified securities" means securities (within the meaning of Schedule 12), other than ordinary shares, which-
(a) were transferred to the trustees of an approved scheme by the trustees of an employee share ownership trust to which section 519 applies, and
(b) were-
(i) securities issued to the trustees of the employee share ownership trust referred to in paragraph (a) in an exchange to which section 586 applies,
(ii) securities (in this subparagraph referred to as 'similar securities') similar to the securities referred to in subparagraph (i) and which were acquired by those trustees using dividends received in respect of the securities so referred to or in respect of similar securities so acquired,
(iii) securities issued to those trustees as a result of a reorganisation or reduction of share capital (in accordance with section 584) which occurred subsequent to the exchange referred to in subparagraph (i) and which securities represent the securities issued in that exchange and the similar securities (if any) referred to in subparagraph (ii), or
(iv) securities (in this subparagraph referred to as "similar securities") similar to the securities first-mentioned in subparagraph (iii) and which were acquired by those trustees using dividends received in respect of the securities so mentioned in subparagraph (iii) or in respect of similar securities so acquired,
but subject to the condition that, where the company which issued the securities in the exchange referred to in paragraph (b) is a company limited by shares (within the meaning of section 5 of the Companies Act 1963), the trustees of the employee share ownership trust have, as a result of the exchange, acquired such percentage of the ordinary share capital of the company which issued the securities that is not less than the percentage of the ordinary share capital of the company which the trustees held immediately prior to the exchange;]1
"the trust instrument", in relation to an approved scheme, means the instrument referred to in paragraph 3(3)(c) of Schedule 11;
"the trustees", in relation to an approved scheme or a participant's shares, means the body of persons for the establishment of which the scheme shall provide as mentioned in paragraph 3(3) of Schedule 11.
Amendments
1 Definitions of "shares" and "specified securities" substituted by Finance Act 2002 section 13(1)(a)(i) as on and from 16 April 2001.
What tax relief is available to me as an employer or employee under profit sharing schemes and employee share ownership trusts?
(1) Where you are a company that sets up an approved profit sharing scheme (an approved scheme) governed by independent trustees appointed under the terms of the trust instrument, you may obtain a deduction for the cost of shares provided to particip...
(2) Any provision of this Chapter with respect to-
(a) the order in which any of a participant's shares are to be treated as disposed of for the purposes of this Chapter, or
(b) the shares in relation to which an event is to be treated as occurring for any such purpose,
shall apply notwithstanding any direction given to the trustees with respect to shares of a particular description or to shares appropriated to the participant at a particular time.
What rules apply where I dispose of shares from a holding which includes relieved and unrelieved shares in an employee share scheme?
(2) If you are a participant who sells some shares from a mixed holding of relieved and unrelieved shares, the relieved shares are regarded as having been sold first. Any relieved shares sold from a holding of relieved shares are treated as coming fr...
(3) For the purposes of capital gains tax-
(a) no deduction shall be made from the consideration for the disposal of any shares by reason only that an amount determined under this Chapter is chargeable to income tax,
(b) any charge to income tax by virtue of section 513 shall be disregarded in determining whether a distribution is a capital distribution within the meaning of section 583, and
(c) nothing in any provision referred to in subsection (2) shall affect the rules applicable to the computation of a gain accruing on a part disposal of a holding of shares or other securities which were acquired at different times.
How is capital gains tax calculated on shares which are issued under an employee profit sharing or ownership trust scheme?
(3) A chargeable gain on a disposal of relieved shares is computed using the normal capital gains tax computation rules: sale proceeds less purchase cost and any incidental costs of sale or purchase....
(4) The Revenue Commissioners may nominate any of their officers to perform any acts and discharge any functions authorised by this Chapter or by Schedule 11 to be performed or discharged by them.
Amendments
Subs (4) inserted by Finance Act 2002 section 13(1)(a)(ii) as on and from 16 April 2001.
