Section 1051 — Corporation Tax Act 2010: “Bonus share capital” and “in lieu of a cash dividend”

“Bonus share capital” and “in lieu of a cash dividend” 1051 1 In sections 1049 and 1050 “ bonus share capital ” means—

a share capital issued otherwise than wholly for new consideration, or b the part (if there is such a part) of any share capital so issued that is not properly referable to new consideration.

2 For the purposes of section 1049(1)(a) share capital is issued by a company in lieu of a cash dividend if—

a it is issued in consequence of the exercise by a person of an option conferred on the person, and b that option is an option to receive, in respect of shares in the company, either a dividend in cash or additional share capital.

3 For the purposes of subsection (2), an option to receive either a dividend in cash or additional share capital is conferred on a person not only—

a if the person is required to choose one or the other, but also b if the person is offered the one subject to a right, however expressed, to choose the other instead.

4 The reference in subsection (2) to a person's exercise of an option includes a person's abandonment of, or failure to exercise, a right such as is mentioned in subsection (3)(b).