Income Tax (Earnings and Pensions) Act 2003

Part 7 Notification of option to Inland Revenue

Notice of option to be given to Inland Revenue

44 (1) For a share option to be a qualifying option, notice of the option must be given to the Inland Revenue within 92 days after the date of the grant of the option.

(2) The notice must—

(a) be given by the employer company, and

(b) be in a form required or authorised by the Inland Revenue.

(3) The notice must contain, or be supported by, such information as the Inland Revenue may require for the purpose of determining whether the requirements of this Schedule are met.

(4) The notice must also contain a declaration within each of sub-paragraphs (5) and (6).

(5) A declaration within this sub-paragraph is a declaration by a director, or the secretary, of the employer company—

(a) that in the opinion of that person the requirements of this Schedule are met in relation to the option, and

(b) that the information provided is, to the best of that person’s knowledge, correct and complete.

(6) A declaration within this sub-paragraph is a declaration by the individual to whom the option has been granted that the individual meets the requirement of paragraph 26 (commitment of working time) in relation to the option.

(7) Any reference in this Part of this Schedule to the requirements (or any of the requirements) of this Schedule being met in relation to a share option is a reference to the requirements or requirement being met in relation to it at the appropriate time.

Correction of notice by Inland Revenue

45 (1) The Inland Revenue may amend a notice given under paragraph 44 so as to correct obvious errors or omissions in the notice.

(2) A correction under this paragraph must be made by a notice given to the employer company.

(3) No correction may be made under this paragraph more than 9 months after the day on which the notice under paragraph 44 was given to the Inland Revenue.

(4) A correction under this paragraph is of no effect if the employer company, within 3 months after the date of issue of the notice of correction, gives notice to the Inland Revenue rejecting the correction.

Notice of enquiry

46 (1) This paragraph applies where notice of a share option is given under paragraph 44.

(2) The Inland Revenue may enquire into the option if they give notice to the employer company of their intention to do so in accordance with this paragraph.

(3) The Inland Revenue may enquire into whether the requirement of paragraph 26 (commitment of working time) is met in relation to the option by the individual to whom it has been granted if they give that individual notice of their intention to do so in accordance with this paragraph.

(4) The Inland Revenue must give a copy of a notice under sub-paragraph (3) to the employer company.

(5) Unless given by virtue of sub-paragraph (6), a notice of enquiry may not be given more than 12 months after the end of the period of 92 days mentioned in paragraph 44(1) (the period within which a notice under that paragraph must be given).

(6) A notice of enquiry may be given at any time if the Inland Revenue discover that any of the information provided in or in connection with the notice under paragraph 44 was false or misleading in a material respect.

(7) An option that has been the subject of one notice of enquiry under sub-paragraph (2) or (3) may not be the subject of another notice under that sub-paragraph, unless the notice is given by virtue of sub-paragraph (6).

(8) In this paragraph a “notice of enquiry” means a notice given under sub-paragraph (2) or (3).

Completion of enquiry: closure notices

47 (1) An enquiry under paragraph 46(2) is completed when the Inland Revenue give the employer company a notice—

(a) informing the company that they have completed their enquiry, and

(b) stating their decision as to whether the requirements of this Schedule are met in relation to the option.

(2) If the Inland Revenue conclude that the requirements of this Schedule are not so met, they must also give notice of that decision to the person to whom the option has been granted.

(3) An enquiry under paragraph 46(3) is completed when the Inland Revenue give the individual concerned and the employer company a notice—

(a) informing the recipients that they have completed their enquiry, and

(b) stating their decision as to whether the requirement of paragraph 26 (commitment of working time) is met by that individual in relation to the option.

(4) References in the EMI code to a “closure notice” are to a notice under sub-paragraph (1) or (3).

(5) A closure notice takes effect when it is issued.

Completion of enquiry: application for closure notice to be given

48 (1) An application may be made under this paragraph for a direction requiring the Inland Revenue to give a closure notice within a specified period.

(2) The application may be made—

(a) by the employer company, or

(b) in a case within paragraph 46(3), by the individual concerned.

(3) The application must be made—

(a) to the General Commissioners, or

(b) if the applicant so elects (in accordance with section 46(1) of TMA 1970), to the Special Commissioners.

(4) The Commissioners hearing the application must hear and determine it in the same way as an appeal.

(5) Those Commissioners must give a direction unless they are satisfied that the Inland Revenue have reasonable grounds for not giving a closure notice within a specified period.

Effect of enquiry

49 (1) If the Inland Revenue do not give a notice of enquiry, the requirements of this Schedule are taken to be met in relation to the option.

(2) If the Inland Revenue do give a notice of enquiry, their decision stated in the closure notice is conclusive as to whether the requirements of this Schedule are met in relation to the option.

(3) But this is subject—

(a) if their decision is that the requirements are not met, to the outcome of any appeal against that decision under paragraph 50;

(b) if their decision is that the requirements are met, to the outcome of any subsequent enquiry under paragraph 46(6) (enquiry arising from discovery of false or misleading information).

(4) This paragraph does not affect the provisions of sections 532 to 539 (which relate to disqualifying events).

Appeals

50 (1) The employer company may appeal against a decision of the Inland Revenue—

(a) that notice of the grant of the option was not given in accordance with paragraph 44, or

(b) that the requirements of this Schedule are not met in relation to the option.

(2) An individual may appeal against a decision of the Inland Revenue that the individual does not meet the requirement of paragraph 26 (commitment of working time).

(3) Notice of the appeal must be given to the Inland Revenue within 30 days after the date when the closure notice is given to the appellant.

(4) The appeal lies—

(a) to the General Commissioners, or

(b) if the employer company or individual so elects (in accordance with section 46(1) of TMA 1970), to the Special Commissioners.