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Bidder's Statement (Cash offer by Atacama Copper) - Antofagasta plc

Bidder's Statement (Cash offer by Atacama Copper) - Antofagasta plc

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6.3 Option holders who exercise their Tethyan Options and accept the Offer<br />

For those Tethyan Optionholders who hold their Tethyan Options on capital account, and exercise<br />

those Tethyan Options to receive Tethyan Shares, no capital gain or loss will arise from the<br />

exercise of the Tethyan Options. The effect of the exercise of that Tethyan Option is that the<br />

Option will be regarded as having been merged into the Tethyan Share received. The cost base of<br />

the Tethyan Share for CGT purposes will be the amount, if any, paid for the Option, plus the<br />

amount paid on the exercise of the Option. The CGT Treatment for the Tethyan Optionholder<br />

will then be as outlined in the Section 6.2 above.<br />

It is important to note, however, that for the Tethyan Optionholders, the 12 month holding period<br />

for the discount on the capital gains tax starts when the Options are exercised and the Tethyan<br />

Shares are received, not when the Options were granted. For this reason, it is unlikely that the<br />

discount CGT treatment outlined in Section 6.2 above will be applicable to gains arising from the<br />

disposal of the Tethyan Shares acquired as a result of the exercise of Options that are currently on<br />

issue.<br />

Option holders who hold Options issued under the Employee Share Option Plan may have<br />

different taxation implications if they have not previously made the election to be taxed on the<br />

value of the Options at the date of issue. These Option holders are encouraged to seek specific<br />

independent professional advice in relation to their individual position.<br />

In any event, <strong>Atacama</strong> encourages all Tethyan Optionholders to seek independent professional<br />

advice in relation to their own particular circumstances.<br />

6.4 Stamp duty and the goods and services tax (GST)<br />

No stamp duty or GST is payable <strong>by</strong> you on the sale of your Tethyan Shares to <strong>Atacama</strong> pursuant<br />

to the Offer.<br />

page 25

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