CG67810 - Reliefs: employee-ownership trusts: claims
Throughout this manual, all legislative references are to (“TCGA92�) unless otherwise stated.
S236H(7)Where a person P makes a claim in respect of a disposal, the claim must include
- information to identify the settlement,
- the name of C, and the address of its registered office, and
- the date of the disposal and the number of shares disposed of by P.
Additionally, for claims made on or after 6 April 2025, the claim must include
- the number of employees of C at the date of disposal, or if C is the principal company of a trading group, any member of the group, and
- the consideration for the disposal.
The ‘number of employees� to include within the claim should include both part-time and full-time employees.
Where P is unable to ascertain the number of employees at the date of disposal, the requirement will be treated as met if P has taken all reasonable steps to ascertain the number, and makes a statement to that effect in the claim. �Reasonable� is not defined in law; so P must consider what a typical person would do, such as, requesting the number from an appropriate individual or team at C and not receiving the number after a repeat request.
236Q(6)
Where a trustee makes a claim in respect of a deemed disposal, the claim must include
- information to identify the settlement that has become absolutely entitled to the trust property,
- the name of the company whose shares are settled property, and the address of its registered office, and
- the date of the deemed disposal and the number of shares deemed to have been disposed of by the claimant.
Additionally, for claims made on or after 6 April 2025, the claim must include
- the number of employees of C at the date of disposal, or if C is the principal company of a trading group, any member of the group.
Where P is unable to ascertain the number of employees at the date of disposal, the requirement will be treated as met, as under S236H(7), if P has taken all reasonable steps to ascertain the number, and makes a statement to that effect in the claim.
S236H(8) and S236Q(7)
These draw attention to other sections which make provision about
- events that prevent a claim being made, and
- circumstances in which a claim is revoked.