EIM12270 – PAYE: employment-related securities: securities disposed of for more than market value

Part 7 Chapter 3D ITEPA 2003

Part 7 Chapter 3D ITEPA 2003 was introduced with effect from 16 April 2003 by Schedule 22 FA 2003. It provides for a charge to income tax in certain cases if employment-related securities are disposed of for a consideration that exceeds the market value of the employment-related securities at the time of the disposal.

The Share Schemes Manual will be amended to provide detailed guidance in due course.

PAYE

Section 698 ITEPA 2003 was fundamentally amended by Schedule 22 FA 2003 with effect from 1 September 2003. Where an amount counts as employment income of an employee by reason of Part 7 Chapter 3D, then by virtue of Section 698 the employer is required to operate PAYE if the relevant employment-related securities are readily convertible assets (see EIM12400).

The employer is not required to operate PAYE on an amount that counts as employment income of an employee by reason of Part 7 Chapter 3D if the relevant event occurs on a day before 1 September 2003.