Securities with Artificially Enhanced Value
What is artificially enhanced market value?
The provisions in Chapter 3B apply where the market value of employment-related securities (or other relevant securities or interests in securities) is increased by things done otherwise than for genuine commercial purposes.
Otherwise than for genuine commercial purposes
Per ITEPA03/S446A, the following are among the things that are, for the purposes of this Chapter, done otherwise than for genuine commercial purposes —
- Anything done that has as its main purpose (or one of its main purposes) the avoidance of tax or NIC, and
- Non-arm’s length transaction between members of a group of companies other than payments for group relief (ICTA88/S402 (6)). In this context “group” means a company and its 51% subsidiaries.
See examples at ERSM60030.
University spin-out companies
There is a specific exemption from the operation of Chapter 3B in Chapter 4A (shares in research institute spin-out companies). Where a company qualifies for relief within that Chapter, under ITEPA03/S455, neither an intellectual property agreement nor any transfer of intellectual property pursuant to such an agreement is regarded as a thing “done otherwise than for genuine commercial purposes”, see ERSM100010 et seq.