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Posted Fri, 15 Nov 2024 13:29:34 GMT by just-tom
I contributed to my employer SIP between 2011-2014. In 2014 I was TUPE transferred to a new employer, but still hold the shares from my old employer. Can I now sell all shares without any income-tax, NI, or CGT, as would have been the case had I not been TUPE transferred out of my previous employment? For info, the gains fall within the 24/25 capital gains allowance. The advice on the website regarding tax on shares and capital gains does not give specific information on my scenario, neither did my former/current employers. Thanks.
Posted Wed, 20 Nov 2024 14:00:56 GMT by HMRC Admin 10 Response
Hi
You will need to check your terms & conditions and any relevant paperwork regarding the TUPE transfer. Your employer should be able to answer the income tax / NI query. All we can do is signpost you to ETASSUM28160 (Schedule 2 share incentive plan) which confirms there is no income tax charge on shares ceasing to be subject to a SIP if they cease as a result of the employee ceasing to be in relevant employment by reason of the TUPE. The words relevant employment are defined here - ETASSUM28130 (Schedule 2 share incentive plan (SIP): Supplementary and defined terms: ’Relevant employment’If there has been a company restructure you may wish to review ETASSUM25130 (Schedule 2 Share Incentive Plan
Regarding the capital gains side of things; you state the gain falls within your 24/25 AEA, but you could also review – ETASSUM29040 (Schedule 2 share incentive plan (SIP): Taxation: Paying income tax or national insurance contributions (NICs) explains when NIC will generally be due.

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