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HMRC internal manual

Employment Related Securities Manual

From
HM Revenue & Customs
Updated
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Valuation Issues

The Inspector’s responsibility

The Inspector responsible for deciding whether amounts are chargeable to Income Tax may need to obtain or refer to the documents which govern the acquisition of the securities, particularly where they are restricted securities (see ERSM30310).

If Inspectors need to ask Shares and Assets Valuation for an informal valuation they should:
 

  • Indicate whether or not one of the following elections has been made:

    • ITEPA03/S425 (3) – election to ignore exemption on acquisition for forfeitable securities – see ERSM30370.
    • ITEPA/S430 – election for outstanding restrictions to be ignored at time of Chapter 2 chargeable event on restricted securities – see ERSM30450.
    • ITEPA03/S431 (1) – election for all restrictions to be ignored on acquisition of restricted securities – ERSM30450.
    • ITEPA03/S431 (2) – election for specified restrictions to be ignored on acquisition of restricted securities – ERSM30450.
  • If an election has not been made, send a copy of any agreement or other document (if available) that might create special conditions relating to the securities acquired, indicating whether or not there are any restrictions etc. within section ITEPA03/S423 – see ERSM30320 & ERSM30330.
  • State the basis of the charge to tax and indicate the relevant charging section.
  • Supply a copy of the latest statutory accounts available on file relevant to the transaction.
  • Specify the holding of securities to be valued.
  • Specify the rights attaching to the securities, and whether the restrictions are to be ignored or not.
  • Forward any valuation submitted by the taxpayer/company.