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Change year: 2010

Section 511A Shares acquired from an employee share ownership trust

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Amendments

Section 511A substituted by Finance Act 2002 section 13(1)(b) as on and from 16 April 2001.

(1) This section applies where, on or after the passing of the Finance Act, 1998-

(a) the trustees of an approved scheme make an appropriation of shares to which section 510(3) applies to a participant,

(b) the shares concerned had been transferred to the trustees of the approved scheme by the trustees of an employee share ownership trust to which section 519 applies, and

(c) the participant concerned was a beneficiary (within the meaning of paragraph 11 or 11A, as the case may be, of Schedule 12) under the employee share ownership trust concerned at all times (other than any period which forms part of the 30 day period referred to in paragraph 12A(b) of Schedule 11) during the period (in this section referred to as the "holding period")-

(i) beginning on-

(I) the day the shares concerned were acquired by that employee share ownership trust, or

(II) if later, the day that participant last became such a beneficiary,

and

(ii) ending on the day those shares were appropriated to that participant.

What rules apply where I acquire shares from an employee share ownership scheme?

(1) This rule applies where, on or after 27 March 1998 (date of passing of Finance Act 1998):...

to read the full commentary

(2) Where this section applies, then, notwithstanding section 511-

(a) the period of retention, in relation to the participant and the shares concerned, ends-

(i) in the case where the holding period is 2 years or more, on the day following the end of the holding period, and

(ii) in any other case, on the day following the end of a period which, when added to the holding period, forms a period of 2 years, or, if it is earlier, on the date referred to in subparagraph (i), (ii) or (iii), as the case may be, of section 511(1)(a),

and

(b) the release date, in relation to the participant and the shares concerned, means-

(i) in the case where the holding period is 3 years or more, the day following the end of the holding period, and

(ii) in any other case, the day following the end of a period which, when added to the holding period, forms a period of 3 years.

What is the retention period if shares acquired by an approved profit sharing scheme are appropriated to me as a participant in an employee share ownership scheme?

(2) Where shares acquired by an APSS from an ESOT are appropriated to you as a participant, the retention period (which would otherwise end two years after the date the shares were appropriated (see section 511(1)) ends:...

to read the full commentary
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