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HMRC internal manual

Capital Gains Manual

CG56341 - Shares and securities: employee share schemes: employment-related securities: employee: restricted securities example

Share value lower than when recieved  

The effect of the  rules and â€¯can be to create a larger loss for Capital Gains Tax purposes than would otherwise be the case. 

Y receives 1,000 shares in his employing company. Their initial actual market value was agreed at 70p per share and the unrestricted market value was £1 per share. He did not sign an election. 

When the restriction is lifted the shares' market value is now only 60p per share - less than when Y received them. 

  • The amount which constitutes earnings of Y on acquisition is based on 70% of the unrestricted market value (70% of £1 = 70p), 

  • when the restrictions are removed the amount which counts as income of Y is 30% of whatever the market value is at that time (30% of 60p = 18p) 

So, if Y immediately sells the shares for 60p per share, the difference between the market value on acquisition, £700, and the sale proceeds is £100. But overall Y has employment income £880 and there is an allowable capital loss of Â£280.