Section 700 [PAYE: gains from securities options]
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Amendments
Section 700 and heading substituted by Finance Act 2003 section 140 and Schedule 22 para 13 from 1 September 2003.
(1) This section applies where by reason of the operation of section 476 (acquisition of securities pursuant to securities option etc) in relation to an employment-related securities option an amount counts as employment income of an employee.
(2) In a case where the amount counts as employment income by virtue of section 477(3)(a) (acquisition of securities), sections 684 to 691 and 696 have effect as if—
(a) the employee were provided with PAYE income in the form of the securities by the employer on the relevant date, and
(b) the reference in subsection (2) of section 696 to the amount of income likely to be PAYE income in respect of the provision of the asset were to the amount likely to count as employment income.
(3) In a case where the amount counts as income by virtue of section 477(3)(b) or (c) (assignment or release for consideration or receipt of benefit), sections 684 to 691 and 696 have effect—
(a) to the extent that the consideration or benefit takes the form of a payment, as if it were a payment of PAYE income of the employee by the employer, and
(b) to the extent that the consideration or benefit consists in the provision of an asset, as if the provision of the asset were the provision of PAYE income in the form of the asset by the employer on the relevant date.
(4) Section 696 as applied by subsection (3)(b) has effect as if the reference in subsection (2) of that section to the amount of income likely to be PAYE income were to the same proportion of the amount likely to count as employment income as so much of the consideration or benefit as consists in the provision of the asset bears to the whole of the consideration or benefit.
(4A) For the purposes of this section the amount likely to count as employment income under section 476 means the amount after deducting the amount of any relief likely to be available under section 481 or 482 (relief for secondary Class 1 contributions or special contribution met by employee).
Amendments
Subs (4A) inserted by Finance Act 2004 section 85 and Schedule 16 para 4(3) from 1 September 2004.
(5) In this section “the relevant date” means the date on which the chargeable event in question occurs.
(6) In this section—
“employment-related securities option”, and
“securities”,
have the same meaning as in Chapter 5 of Part 7.
(7) This section is subject to section 700A (employment-related securities etc: remittance basis).
Amendments
Subs (7) inserted by Finance Act 2008 section 25 and Schedule 7 para 37 for 2008-09 and later tax years.



