Income Tax (Earnings and Pensions) Act 2003

1. Introductory Text

2. Part 1 Overview

   1. 1. Overview of contents of this Act

   2. 2. Abbreviations and general index in Schedule 1

3. Part 2 Employment income: charge to tax

   1. Chapter 1 Introduction

      1. 3. Structure of employment income Parts

      2. 4. “Employment” for the purposes of the employment income Parts

      3. 5. Application to offices and office-holders

   2. Chapter 2 Tax on employment income

      1. 6. Nature of charge to tax on employment income

      2. 7. Meaning of “employment income”, “general earnings” and “specific employment income”

      3. 8. Meaning of “exempt income”

   3. Chapter 3 Operation of tax charge

      1. 9. Amount of employment income charged to tax

      2. 10. Meaning of “taxable earnings” and “taxable specific income”

      3. 11. Calculation of “net taxable earnings”

      4. 12. Calculation of “net taxable specific income”

      5. 13. Person liable for tax

   4. Chapter 4 Taxable earnings: UK resident employees

      1. Taxable earnings

         1. 14. Taxable earnings under this Chapter: introduction

      2. UK resident employees

         1. 15. Earnings for year when employee UK resident

      3. Year for which general earnings are earned

         1. 16. Meaning of earnings “for” a tax year

         2. 17. Treatment of earnings for year in which employment not held

      4. When general earnings are received

         1. 18. Receipt of money earnings

         2. 19. Receipt of non-money earnings

   5. Chapter 5 Taxable earnings: remittance basis rules and rules for non-uk resident employees

      1. Taxable earnings

         1. 20. Taxable earnings under this Chapter: introduction

      2. Remittance basis rules for employees outside section 26

         1. 21. Earnings for year when employee resident and ordinarily resident, but not domiciled, in UK, except chargeable overseas earnings

         2. 22. Chargeable overseas earnings for year when remittance basis applies and employee outside section 26

         3. 23. Calculation of “chargeable overseas earnings”

         4. 24. Limit on chargeable overseas earnings where duties of associated employment performed in UK

         5. 24A. Restrictions on remittance basis

         6. 24B. Definitions of “C” and “I” for the purposes of section 24A(14)

      3. Remittance basis rules: employees who meet section 26A requirement

         1. 25. UK-based earnings for year when employee resident, but not ordinarily resident, in UK

         2. 26. Foreign earnings for year when remittance basis applies and employee meets section 26A requirement

         3. 26A. Section 26: requirement for 3-year period of non-residence

      4. Employees not resident in UK

         1. 27. UK-based earnings for year when employee not resident in UK

      5. Special class of earnings for purposes of sections 25 to 27

         1. 28. Meaning of “general earnings from overseas Crown employment subject to UK tax”

      6. Year for which general earnings are earned

         1. 29. Meaning of earnings “for” a tax year

         2. 30. Treatment of earnings for year in which employment not held

      7. ...

         1. 31. Receipt of money earnings

         2. 32. Receipt of non-money earnings

         3. 33. Earnings remitted to UK

         4. 34. Earnings remitted to UK: further provisions about UK-linked debts

      8. Relief for delayed remittances

         1. 35. Relief for delayed remittances

         2. 36. Election in respect of delayed remittances

         3. 37. Claims for relief on delayed remittances

      9. Place of performance of duties of employment

         1. 38. Earnings for period of absence from employment

         2. 39. Duties in UK merely incidental to duties outside UK

         3. 40. Duties on board vessel or aircraft

         4. 41. Employment in UK sector of continental shelf

      10. Apportionment of earnings

          1. 41ZA. Basis of apportionment

   6. Chapter 5A Taxable specific income: effect of remittance basis

      1. 41A. Taxable specific income from employment-related securities: effect of remittance basis

      2. 41B. Section 41A: the relevant period

      3. 41C. Section 41A: foreign securities income

      4. 41D. Limit on foreign securities income where duties of associated employment performed in UK

      5. 41E. Foreign securities income: just and reasonable apportionment

   7. CHAPTER 5B Taxable specific income from employment-related securities etc: internationally mobile employees

      1. 41F. Taxable specific income: internationally mobile employees etc

      2. 41G. Section 41F: the relevant period

      3. 41H. Section 41F: chargeable and unchargeable foreign securities income

      4. 41I. Limit on “chargeable foreign securities income” where duties of associated employment performed in UK

      5. 41J. Location of employment duties

      6. 41K. Securities income from overseas Crown employment

      7. 41L. Chargeable and unchargeable foreign securities income: just and reasonable apportionment

   8. Chapter 6 Disputes as to domicile or ordinary residence

      1. 42. Commissioners to determine dispute as to domicile or ordinary residence

      2. 43. Appeal against Commissioners' decision on domicile or ordinary residence

   9. Chapter 7 Application of provisions to agency workers

      1. Agency workers

         1. 44. Treatment of workers supplied by agencies

         2. 45. Arrangements with agencies

         3. 46. Cases involving unincorporated bodies etc.

      2. Anti-avoidance

         1. 46A. Anti-avoidance

      3. Supplementary

         1. 47. Interpretation of this Chapter

   10. Chapter 8 Workers' services provided through intermediaries to small clients

       1. Application of this Chapter

          1. 48. Scope of this Chapter

          2. 49. Engagements to which this Chapter applies

          3. 50. Worker treated as receiving earnings from employment

          4. 51. Conditions of liability where intermediary is a company

          5. 52. Conditions of liability where intermediary is a partnership

          6. 53. Conditions of liability where intermediary is an individual

       2. The deemed employment payment

          1. 54. Calculation of deemed employment payment

          2. 55. Application of rules relating to earnings from employment

          3. 56. Application of Income Tax Acts in relation to deemed employment

       3. Supplementary provisions

          1. 57. Earlier date of deemed employment payment in certain cases

          2. 58. Relief in case of distributions by intermediary

          3. 59. Provisions applicable to multiple intermediaries

          4. 60. Meaning of “associate”

       4. When a person qualifies as small for a tax year

          1. 60A. When a company qualifies as small for a tax year

          2. 60B. When a company qualifies as small for a tax year: joint ventures

          3. 60C. When a company qualifies as small for a tax year: subsidiaries

          4. 60D. When a relevant undertaking qualifies as small for a tax year

          5. 60E. When other undertakings qualify as small for a tax year

          6. 60F. When other persons qualify as small for a tax year

          7. 60G. Sections 60A to 60F: connected persons

          8. 60H. Duty on client to state whether it qualifies as small for a tax year

       5. When a person has a UK connection

          1. 60I. When a person has a UK connection for a tax year

       6. Interpretation

          1. 61. Interpretation

   11. Chapter 9 Managed service companies

       1. Application of this Chapter

          1. 61A. Scope of this Chapter

          2. 61B. Meaning of “managed service company”

          3. 61C. Section 61B: supplementary

       2. The deemed employment payment

          1. 61D. Worker treated as receiving earnings from employment

          2. 61E. Calculation of deemed employment payment

          3. 61F. Sections 61D and 61E: application of rules relating to earnings from employment

          4. 61G. Application of Income Tax Acts in relation to deemed employment

       3. Supplementary provisions

          1. 61H. Relief in case of distributions by managed service company

          2. 61I. Meaning of “associate”

          3. 61J. Interpretation of Chapter

   12. CHAPTER 10 Workers' services provided through intermediaries to public authorities or medium or large clients

       1. 61K. Scope of this Chapter

       2. 61L. Meaning of “public authority”

       3. 61M. Engagements to which Chapter applies

       4. 61N. Worker treated as receiving earnings from employment

       5. 61NA. Meaning of status determination statement

       6. 61O. Conditions where intermediary is a company

       7. 61P. Conditions where intermediary is a partnership

       8. 61Q. Calculation of deemed direct payment

       9. 61R. Application of Income Tax Acts in relation to deemed employment

       10. 61S. Deductions from chain payments

       11. 61T. Client-led status disagreement process

       12. 61TA. Duty for client to withdraw status determination statement if it ceases to be medium or large

       13. 61U. Information to be provided by worker or intermediary and consequences of failure

       14. 61V. Consequences of providing fraudulent information

       15. 61W. Prevention of double charge to tax and allowance of certain deductions

       16. 61WA. Anti-avoidance

       17. 61X. Interpretation

4. Part 3 Employment income: earnings and benefits etc. treated as earnings

   1. Chapter 1 Earnings

      1. 62. Earnings

   2. Chapter 2 Taxable benefits: the benefits code

      1. The benefits code

         1. 63. The benefits code

         2. 64. Relationship between earnings and benefits code

         3. 65. Dispensations relating to benefits within provisions not applicable to lower-paid employment

      2. General definitions for benefits code

         1. 66. Meaning of “employment” and related expressions

         2. 67. Meaning of “director” and “full-time working director”

         3. 68. Meaning of “material interest” in a company

         4. 69. Extended meaning of “control”

         5. 69A. Optional remuneration arrangements

         6. 69B. Optional remuneration arrangements: supplementary

   3. Chapter 3 Taxable benefits: expenses payments

      1. 70. Sums in respect of expenses

      2. 71. Meaning of paid or put at disposal by reason of the employment

      3. 72. Sums in respect of expenses treated as earnings

   4. Chapter 4 Taxable benefits: vouchers and credit-tokens

      1. Cash vouchers: introduction

         1. 73. Cash vouchers to which this Chapter applies

         2. 74. Provision for, or receipt by, member of employee’s family

      2. Meaning of “cash voucher”

         1. 75. Meaning of “cash voucher”

         2. 76. Sickness benefits-related voucher

         3. 77. Apportionment of cost of provision of voucher

      3. Cash vouchers: exceptions

         1. 78. Voucher made available to public generally

         2. 79. Voucher issued under approved scheme

         3. 80. Vouchers where payment of sums exempt from tax

      4. Benefit of cash voucher treated as earnings

         1. 81. Benefit of cash voucher treated as earnings

      5. Non-cash vouchers: introduction

         1. 82. Non-cash vouchers to which this Chapter applies

         2. 83. Provision for, or receipt by, member of employee’s family

      6. Meaning of “non-cash voucher”

         1. 84. Meaning of “non-cash voucher”

      7. Non-cash voucher: exceptions

         1. 85. Non-cash voucher made available to public generally

         2. 86. Transport vouchers under pre-26th March 1982 arrangements

      8. Benefit of non-cash voucher treated as earnings

         1. 87. Benefit of non-cash voucher treated as earnings

         2. 87A. Benefit of non-cash voucher treated as earnings: optional remuneration arrangements

         3. 88. Year in which earnings treated as received

         4. 89. Reduction for meal vouchers

      9. Credit-tokens: introduction

         1. 90. Credit-tokens to which this Chapter applies

         2. 91. Provision for, or use by, member of employee’s family

      10. Meaning of “credit-token”

          1. 92. Meaning of “credit-token”

      11. Credit-tokens: exception

          1. 93. Credit-token made available to public generally

      12. Benefit of credit-token treated as earnings

          1. 94. Benefit of credit-token treated as earnings

          2. 94A. Benefit of credit-token treated as earnings: optional remuneration arrangements

      13. General supplementary provisions

          1. 95. Disregard for money, goods or services obtained

          2. 96. Dispensations relating to vouchers or credit-tokens

          3. 96A. Power to exempt use of non-cash vouchers or credit-tokens to obtain exempt benefits

   5. Chapter 5 Taxable benefits: living accommodation

      1. Living accommodation

         1. 97. Living accommodation to which this Chapter applies

      2. Exceptions

         1. 98. Accommodation provided by local authority

         2. 99. Accommodation provided for performance of duties

         3. 100. Accommodation provided as result of security threat

         4. 100A. Homes outside UK owned through company etc

         5. 100B. Section 100A(1): exceptions

         6. 101. Chevening House

      3. Benefit of living accommodation treated as earnings

         1. 102. Benefit of living accommodation treated as earnings

      4. Calculation of cash equivalent

         1. 103. Method of calculating cash equivalent

         2. 103A. Accommodation provided pursuant to optional remuneration arrangements: relevant amount

         3. 104. General rule for calculating cost of providing accommodation

      5. Accommodation costing £75,000 or less

         1. 105. Cash equivalent: cost of accommodation not over £75,000

         2. 105A. Lease premiums

         3. 105B. Lease premiums in the case of leases with break clauses

      6. Accommodation costing more than £75,000

         1. 106. Cash equivalent: cost of accommodation over £75,000

         2. 107. Special rule for calculating cost of providing accommodation

      7. Apportionment of cash equivalent

         1. 108. Cash equivalent: accommodation provided for more than one employee

      8. Other tax implications

         1. 109. Priority of this Chapter over Chapter 1 of this Part

      9. Supplementary

         1. 110. Meaning of “annual value”

         2. 111. Disputes as to annual value

         3. 112. Meaning of “person involved in providing the accommodation”

         4. 113. Meaning of “the property”

   6. Chapter 6 Taxable benefits: cars, vans and related benefits

      1. General

         1. 114. Cars, vans and related benefits

         2. 115. Meaning of “car” and “van”

         3. 116. Meaning of when car or van is available to employee

         4. 117. Meaning of car or van made available by reason of employment

         5. 118. Availability for private use

         6. 119. Where alternative to benefit of low emission car or van offered

      2. Cars: benefit treated as earnings

         1. 120. Benefit of car treated as earnings

         2. 120A. Benefit of car treated as earnings: optional remuneration arrangements

         3. 121. Method of calculating the cash equivalent of the benefit of a car

         4. 121A. Optional remuneration arrangements: method of calculating relevant amount

         5. 121B. Meaning of “modified cash equivalent”

      3. Cars: the price of a car

         1. 122. The price of the car

         2. 123. The list price of a car

         3. 124. The notional price of a car with no list price

         4. 124A. Automatic car for a disabled employee

      4. Cars: treatment of accessories

         1. 125. Meaning of “accessory” and related terms

         2. 125A. Security features not to be regarded as accessories

         3. 126. Amounts taken into account in respect of accessories

         4. 127. The list price of an accessory

         5. 128. Accessory: published price of the car manufacturer etc.

         6. 129. Accessory: published price of the accessory manufacturer etc.

         7. 130. The notional price of an accessory

         8. 131. Replacement accessories

      5. Cars: capital contributions by employee

         1. 132. Capital contributions by employee

         2. 132A. Capital contributions by employee: optional remuneration arrangements

      6. Cars: the appropriate percentage

         1. 133. How to determine the “appropriate percentage”

         2. 134. Meaning of car with or without a CO2 emissions figure

      7. Cars: appropriate percentage: first registered on or after 1st January 1998

         1. 135. Car with a CO2 emissions figure: pre-October 1999 registration

         2. 136. Car with a CO2 emissions figure: registration from 1st October 1999 to IP completion day

         3. 136A. Car with a CO2 emissions figure: registration on or after IP completion day

         4. 137. Car with a CO2 emissions figure: bi-fuel cars : registration from 1st January 2000 to IP completion day

         5. 137A. Car with a CO2 emissions figure: bi-fuel cars registered on or after IP completion day

         6. 138. Car with a CO2 emissions figure: automatic car for a disabled employee

         7. 139. Cars with a CO2 emissions figure: the appropriate percentage

         8. 140. Car without a CO2 emissions figure: the appropriate percentage

         9. 141. Diesel cars: the appropriate percentage

      8. Cars: appropriate percentage: first registered before 1st January 1998

         1. 142. Car first registered before 1st January 1998: the appropriate percentage

      9. Cars: unavailability or payments for private use

         1. 143. Deduction for periods when car unavailable

         2. 144. Deduction for payments for private use

         3. 145. Modification of provisions where car temporarily replaced

      10. Cars: special cases

          1. 146. Cars that run on road fuel gas

          2. 147. Classic cars: 15 years of age or more

          3. 147A. Classic cars: optional remuneration arrangements

      11. Cars: reduction where shared car

          1. 148. Reduction of cash equivalent where car is shared

      12. Car fuel: benefit treated as earnings

          1. 149. Benefit of car fuel treated as earnings

          2. 149A. Benefit of car fuel treated as earnings: optional remuneration arrangements

          3. 150. Car fuel: calculating the cash equivalent

          4. 151. Car fuel: nil cash equivalent

          5. 152. Car fuel: proportionate reduction of cash equivalent

          6. 153. Car fuel: reduction of cash equivalent

      13. Vans: benefit treated as earnings

          1. 154. Benefit of van treated as earnings

          2. 154A. Benefit of van treated as earnings: optional remuneration arrangements

          3. 155. Cash equivalent of the benefit of a van

      14. Vans: reductions of cash equivalent

          1. 156. Meaning of “shared van”

      15. Reduction of cash equivalent where van is shared

          1. 157. Reduction of cash equivalent where van is shared

      16. Reduction for payments for private use

          1. 158. Reduction for payments for private use

          2. 158A. Van provided pursuant to optional remuneration arrangements: private use

      17. Modification of provisions where van temporarily replaced

          1. 159. Modification of provisions where van temporarily replaced

      18. Van fuel: benefit treated as earnings

          1. 160. Benefit of van fuel treated as earnings

          2. 160A. Benefit of van fuel treated as earnings: optional remuneration arrangements

          3. 161. Van fuel: the cash equivalent

          4. 162. Van fuel: nil cash equivalent

          5. 163. Van fuel: proportionate reduction of cash equivalent

          6. 164. Van fuel: reduction of cash equivalent

      19. Cars and vans: exceptions

          1. 167. Pooled cars

          2. 168. Pooled vans

          3. 169. Car available to more than one member of family or household employed by same employer

          4. 169A. Van available to more than one member of family or household employed by same employer

      20. Orders

          1. 170. Orders etc. relating to this Chapter

      21. Supplementary

          1. 171. Minor definitions: general

          2. 172. Minor definitions: equipment to enable a disabled person to use a car

   7. Chapter 7 Taxable benefits: loans

      1. Introduction

         1. 173. Loans to which this Chapter applies

         2. 173A. Alternative finance arrangements

         3. 174. Employment-related loans

      2. Benefit of taxable cheap loan treated as earnings

         1. 175. Benefit of taxable cheap loan treated as earnings

         2. 175A. Optional remuneration arrangements: “relevant amount” and “modified cash equivalent”

         3. 176. Exception for loans on ordinary commercial terms

         4. 177. Exceptions for loans at fixed rate of interest

         5. 178. Exception for loans where interest qualifies for tax relief

         6. 179. Exception for certain advances for necessary expenses

         7. 180. Threshold for benefit of loan to be treated as earnings

      3. Calculation of amount of interest at official rate

         1. 181. The official rate of interest

         2. 182. Normal method of calculation: averaging

         3. 183. Alternative method of calculation

      4. Supplementary provisions relating to taxable cheap loans

         1. 184. Interest treated as paid

         2. 185. Apportionment of cash equivalent in case of joint loan etc.

         3. 186. Replacement loans

         4. 187. Aggregation of loans by close company to director

      5. Loan released or written off

         1. 188. Loan released or written off: amount treated as earnings

         2. 189. Exception where double charge

      6. General supplementary provisions

         1. 190. Exclusion of charge after death of employee

         2. 191. Claim for relief to take account of event after assessment

   8. Chapter 8 Taxable benefits: notional loans in respect of acquisitions of shares

      1. Introduction

         1. 192. Application of this Chapter

      2. Acquisition of shares for less than market value

         1. 193. Notional loan where acquisition for less than market value

         2. 194. The amount of the notional loan

         3. 195. Discharge of notional loan: amount treated as earnings

      3. Supplementary provisions

         1. 196. Effects on other income tax charges

         2. 197. Minor definitions

   9. Chapter 9 Taxable benefits: disposals of shares for more than market value

      1. 198. Shares to which this Chapter applies

      2. 199. Disposal for more than market value: amount treated as earnings

      3. 200. Minor definitions

   10. Chapter 10 Taxable benefits: residual liability to charge

       1. Introduction

          1. 201. Employment-related benefits

          2. 202. Excluded benefits

       2. Cash equivalent of benefit treated as earnings

          1. 203. Cash equivalent of benefit treated as earnings

          2. 203A. Employment-related benefit provided under optional remuneration arrangements

       3. Determination of the cost of the benefit

          1. 204. Cost of the benefit: basic rule

          2. 205. Cost of the benefit: asset made available without transfer

          3. 205A. Deduction for periods when asset unavailable for private use

          4. 205B. Reduction of cost of taxable benefit where asset is shared

          5. 206. Cost of the benefit: transfer of used or depreciated asset

       4. Supplementary provisions

          1. 207. Meaning of “annual rental value”

          2. 208. Meaning of “market value”

          3. 209. Meaning of “persons providing benefit”

          4. 210. Power to exempt minor benefits

       5. Special rules for scholarships

          1. 211. Special rules for scholarships: introduction

          2. 212. Scholarships provided under arrangements entered into by employer or connected person

          3. 213. Exception for certain scholarships under trusts or schemes

          4. 214. Scholarships: cost of the benefit

          5. 215. Limitation of exemption for scholarship income in section 776(1) of ITTOIA 2005

   11. Chapter 11 Taxable benefits: exclusion of lower-paid employments from parts of benefits code

       1. Introduction

          1. 216. Provisions not applicable to lower-paid employments

       2. What is lower-paid employment

          1. 217. Meaning of “lower-paid employment”

          2. 218. Calculation of earnings rate for a tax year

          3. 219. Extra amounts to be added in connection with a car

       3. Treatment of related employments

          1. 220. Related employments

   12. Chapter 12 Other amounts treated as earnings

       1. Payments

          1. 221. Payments where employee absent because of sickness or disability

          2. 222. Payments by employer on account of tax where deduction not possible

          3. 223. Payments on account of director’s tax other than by the director

          4. 224. Payments to non-approved personal pension arrangements

          5. 225. Payments for restrictive undertakings

          6. 226. Valuable consideration given for restrictive undertakings

       2. Shares of employee shareholders

          1. 226A. Amount treated as earnings

          2. 226B. Deemed payment for employee shareholder shares

          3. 226C. Only one payment deemed to be made under associated agreements

          4. 226D. Shareholder or connected person having material interest in company

       3. Sporting testimonial payments

          1. 226E. Sporting testimonial payments

5. Part 4 Employment income: exemptions

   1. Chapter 1 Exemptions: general

      1. 227. Scope of Part 4

      2. 228. Effect of exemptions on liability under provisions outside Part 2

      3. 228A. General exclusion from exemptions: optional remuneration arrangements

   2. Chapter 2 Exemptions: mileage allowances and passenger payments

      1. Mileage allowances

         1. 229. Mileage allowance payments

         2. 230. The approved amount for mileage allowance payments

         3. 231. Mileage allowance relief

         4. 232. Giving effect to mileage allowance relief

      2. Passenger payments

         1. 233. Passenger payments

         2. 234. The approved amount for passenger payments

      3. Supplementary

         1. 235. Vehicles to which this Chapter applies

         2. 235A. Journeys made by members of local authorities etc

         3. 236. Interpretation of this Chapter

   3. Chapter 3 Exemptions: other transport, travel and subsistence

      1. 237. Parking provision and expenses

      2. 237A. Vehicle-battery charging

      3. 238. Modest private use of heavy goods vehicles

      4. 239. Payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles

      5. 240. Incidental overnight expenses and benefits

      6. 241. Incidental overnight expenses and benefits: overall exemption limit

      7. 241A. Travel by unpaid directors of not-for-profit companies

      8. 241B. Travel where directorship held as part of trade or profession

      9. 242. Works transport services

      10. 243. Support for public bus services

      11. 244. Cycles and cyclist’s safety equipment

      12. 245. Travelling and subsistence during public transport strikes

      13. 246. Transport between work and home for disabled employees: general

      14. 247. Provision of cars for disabled employees

      15. 248. Transport home: late night working and failure of car-sharing arrangements

      16. 248A. Emergency vehicles

      17. 249. Interpretation of this Chapter

   4. Chapter 4 Exemptions: education and training

      1. Work-related training

         1. 250. Exemption of work-related training provision

         2. 251. Meaning of “work-related training”

         3. 252. Exception for non-deductible travel expenses

         4. 253. Exception where provision for excluded purposes

         5. 254. Exception where unrelated assets are provided

      2. Persons leaving local authority care

         1. 254A. Apprenticeship bursaries paid to persons leaving local authority care

      3. Individual learning account training

         1. 255. Exemption for contributions to individual learning account training

         2. 256. Meaning of “individual learning account training”

         3. 257. Exception for non-deductible travel expenses

         4. 258. Exception where provision for excluded purposes

         5. 259. Exception where unrelated assets are provided

         6. 260. Exception where training not generally available to staff

   5. Chapter 5 Exemptions: recreational benefits

      1. Recreational facilities

         1. 261. Exemption of recreational benefits

         2. 262. Benefits not exempted by section 261

         3. 263. Power to alter benefits to which section 261 applies

      2. Annual parties and functions

         1. 264. Annual parties and functions

      3. Entertainment

         1. 265. Third party entertainment

   6. Chapter 6 Exemptions: non-cash vouchers and credit-tokens

      1. General exemptions: use for exempt benefits

         1. 266. Exemption of non-cash vouchers for exempt benefits

         2. 267. Exemption of credit-tokens used for exempt benefits

      2. Exemptions for particular non-cash vouchers and credit-tokens

         1. 268. Exemption of vouchers and tokens for incidental overnight expenses

         2. 269. Exemption where benefits or money obtained in connection with taxable car or van or exempt heavy goods vehicle

         3. 270. Exemption for small gifts of vouchers and tokens from third parties

         4. 270A. Limited exemption for qualifying childcare vouchers

         5. 270AA. Meaning of “eligible employee”

         6. 270B. Meaning of “relevant earnings amount” and “required time”

   7. Chapter 7 Exemptions: removal benefits and expenses

      1. Exemption of removal benefits and expenses: general

         1. 271. Limited exemption of removal benefits and expenses: general

         2. 272. Removal benefits and expenses to which section 271 applies

         3. 273. Conditions applicable to change of residence

         4. 274. Meaning of “the limitation day”

         5. 275. Meaning of “the employment change”

         6. 276. Meaning of “residence”, “former residence” and “new residence” etc.

      2. Benefits and expenses within this Chapter

         1. 277. Acquisition benefits and expenses

         2. 278. Abortive acquisition benefits and expenses

         3. 279. Disposal benefits and expenses

         4. 280. Transporting belongings

         5. 281. Travelling and subsistence

         6. 282. Exclusion from section 281 of benefits and expenses where deduction allowed

         7. 283. Exclusion from section 281 of taxable car and van facilities

         8. 284. Bridging loan expenses

         9. 285. Replacement of domestic goods

         10. 286. Power to amend sections 277 to 285

      3. Limit on exemption

         1. 287. Limit on exemption

      4. Special exemption and relief for bridging loans

         1. 288. Limited exemption of certain bridging loans connected with employment moves

         2. 289. Relief for certain bridging loans not qualifying for exemption under section 288

   8. CHAPTER 7A Exemptions: amounts which would otherwise be deductible

      1. 289A. Exemption for paid or reimbursed expenses

      2. 289B. Approval to pay or reimburse expenses at a flat rate

      3. 289C. Revocation of approvals

      4. 289D. Exemption for other benefits

      5. 289E. Anti-avoidance

   9. Chapter 8 Exemptions: special kinds of employees

      1. Ministers of religion

         1. 290. Accommodation benefits of ministers of religion

         2. 290A. Accommodation outgoings of lower-paid ministers of religion

         3. 290B. Allowances paid to lower-paid ministers of religion in respect of accommodation outgoings

         4. 290C. Provisions of benefits code not applicable to lower-paid ministers of religion

         5. 290D. Meaning of “lower-paid employment as a minister of religion”

         6. 290E. Calculation of earnings rate for a tax year

         7. 290F. Extra amounts to be added in connection with a car

         8. 290G. Related employments

      2. MPs, government ministers etc.

         1. 291. Termination payments to MPs and others ceasing to hold office

         2. 292. Accommodation expenses of MPs

         3. 293. Overnight expenses of other elected representatives

         4. 293A. UK travel and subsistence expenses of MPs

         5. 293B. UK travel expenses of other elected representatives

         6. 294. European travel expenses of MPs and other representatives

         7. 295. Transport and subsistence for Government ministers etc.

      3. Members of local authorities etc

         1. 295A. Travel expenses of members of local authorities etc

      4. Armed forces

         1. 296. Armed forces' leave travel facilities

         2. 297. Armed forces' food, drink and mess allowances

         3. 297A. Armed forces: the Operational Allowance

         4. 297B. Armed forces: the Council Tax Relief

         5. 297C. Armed forces: Continuity of Education Allowance

         6. 297D. Armed forces: accommodation allowances

         7. 298. Reserve and auxiliary forces' training allowances

      5. Crown employees

         1. 299. Crown employees' foreign service allowances

      6. Voluntary office-holders

         1. 299A. Voluntary office-holders: compensation for lost employment income

         2. 299B. Voluntary office-holders: payments in respect of expenses

         3. Government

            1. A government department The Welsh Ministers and the Counsel General...

         4. Local government

            1. A county, district or parish council in England The council...

         5. Trade unions

            1. An organisation the name of which is entered in the...

         6. Local medical committees

            1. A Local Medical Committee (see section 97(4) of the National...

         7. Other public bodies

            1. A body (other than a company) that is established by...

            2. 6. In this section— “company” means a company as defined by...

            3. 7. Section 16A of ITTOIA 2005 (voluntary office-holders: compensation for lost...

      7. Consuls, foreign agents etc.

         1. 300. Consuls

         2. 301. Official agents

         3. 302. Consular employees

      8. Visiting forces and staff of designated allied headquarters

         1. 303. Visiting forces etc

      9. Detached national experts

         1. 304. Experts seconded to European Commission

         2. 304A. Experts seconded to other European Union bodies

      10. Offshore oil and gas workers

          1. 305. Offshore oil and gas workers: mainland transfers

      11. Miners etc.

          1. 306. Miners etc: coal and allowances in lieu of coal

      12. Carers

          1. 306A. Carers: board and lodging

      13. Professional sportspersons

          1. 306B. Limited exemption for sporting testimonial payments

   10. Chapter 9 Exemptions: pension provision

       1. 307. Death or retirement benefit provision

       2. 308. Exemption of contributions to registered pension scheme

       3. 308A. Exemption of contributions to overseas pension scheme

       4. 308B. Independent advice in respect of conversions and transfers of pension scheme benefits

       5. 308C. Provision of pensions advice: limited exemption

   11. Chapter 10 Exemptions: termination of employment

       1. Redundancy payments

          1. 309. Limited exemptions for statutory redundancy payments

       2. Outplacement benefits

          1. 310. Counselling and other outplacement services

          2. 311. Retraining courses

          3. 312. Recovery of tax

   12. CHAPTER 10A Exemptions: bonus payments by certain employers

       1. 312A. Limited exemption for qualifying bonus payments

       2. 312B. “Qualifying bonus payments”

       3. 312C. Section 312B: the participation and equality requirements

       4. 312D. Section 312B: the trading requirement

       5. 312E. Section 312B: the indirect employee-ownership requirement

       6. 312F. Section 312B: the office-holder requirement

       7. 312G. “Service company”

       8. 312H. Excluded payments

       9. 312I. Interpretation of Chapter 10A

   13. Chapter 11 Miscellaneous exemptions

       1. Living accommodation

          1. 313. Repairs and alterations to living accommodation

          2. 314. Council tax etc. paid for certain living accommodation

          3. 315. Limited exemption for expenses connected with certain living accommodation

       2. Work accommodation, supplies etc.

          1. 316. Accommodation, supplies and services used in employment duties

          2. 316A. Homeworker’s additional household expenses

       3. Workplace meals

          1. 317. Subsidised meals

       4. Childcare

          1. 318. Childcare: exemption for employer-provided care

          2. 318A. Childcare: limited exemption for other care

          3. 318AZA. Meaning of “eligible employee”

          4. 318AA. Meaning of “relevant earnings amount” and “required time”

          5. 318B. Childcare: meaning of “care”, “child” and “parental responsibility”

          6. 318C. Childcare: meaning of “qualifying child care”

          7. 318D. Childcare: power to vary amounts which are the exempt amount and qualifying conditions

       5. Telephones and computer equipment

          1. 319. Mobile telephones

          2. 320. Limited exemption for computer equipment

       6. Eye tests and special corrective appliances

          1. 320A. Eye tests and special corrective appliances

       7. Health-screening and medical check-ups

          1. 320B. Health-screening and medical check-ups

       8. Recommended medical treatment

          1. 320C. Recommended medical treatment

       9. Awards and gifts

          1. 321. Suggestion awards

          2. 322. Suggestion awards: “the permitted maximum”

          3. 323. Long service awards

          4. 323A. Trivial benefits provided by employers

          5. 323B. Section 323A: calculation of available exempt amount

          6. 323C. Power to amend sections 323A and 323B

          7. 324. Small gifts from third parties

       10. Overseas medical treatment

           1. 325. Overseas medical treatment

           2. 325A. Health and employment insurance payments

       11. Expenses incidental to sale etc. of asset

           1. 326. Expenses incidental to transfer of a kind not normally met by transferor

       12. Monitoring schemes

           1. 326A. Fees relating to monitoring schemes relating to vulnerable persons

       13. Employee shareholder agreements

           1. 326B. Advice relating to proposed employee shareholder agreements

6. Part 5 Employment income: deductions allowed from earnings

   1. Chapter 1 Deductions allowed from earnings: general rules

      1. Introduction

         1. 327. Deductions from earnings: general

      2. General rules

         1. 328. The income from which deductions may be made

         2. 329. Deductions from earnings not to exceed earnings

         3. 330. Prevention of double deductions

         4. 331. Order for making deductions

         5. 332. Meaning of “the deductibility provisions”

   2. Chapter 2 Deductions for employee’s expenses

      1. Introduction

         1. 333. Scope of this Chapter: expenses paid by the employee

         2. 334. Effect of reimbursement etc.

         3. 335. Application of deductions provisions: “earnings charged on receipt” and “earnings charged on remittance”

      2. General rule for deduction of employee’s expenses

         1. 336. Deductions for expenses: the general rule

      3. Travel expenses

         1. 337. Travel in performance of duties

         2. 338. Travel for necessary attendance

         3. 339. Meaning of “workplace” and “permanent workplace”

         4. 339A. Travel for necessary attendance: employment intermediaries

         5. 340. Travel between group employments

         6. 340A. Travel between linked employments

         7. 341. Travel at start or finish of overseas employment

         8. 342. Travel between employments where duties performed abroad

      4. Fees and subscriptions

         1. 343. Deduction for professional membership fees

         2. 344. Deduction for annual subscriptions

         3. 345. Decisions of an officer of Revenue and Customs under section 344

      5. Employee liabilities and indemnity insurance

         1. 346. Deduction for employee liabilities and expenses

         2. 347. Payments made after leaving the employment

         3. 348. Liabilities related to the employment

         4. 349. Meaning of “qualifying insurance contract”

         5. 350. Connected contracts

      6. Expenses of ministers of religion

         1. 351. Expenses of ministers of religion

      7. Agency fees paid by entertainers

         1. 352. Limited deduction for agency fees paid by entertainers

      8. Special rules for earnings with a foreign element

         1. 353. Deductions from earnings charged on remittance

         2. 354. Disallowance of expenses relating to earnings taxed on different basis or untaxed

         3. 355. Deductions for corresponding payments by non-domiciled employees with foreign employers

      9. Disallowance of business entertainment and gifts expenses

         1. 356. Disallowance of business entertainment and gifts expenses

         2. 357. Business entertainment and gifts: exception where employer’s expenses disallowed

         3. 358. Business entertainment and gifts: other exceptions

      10. Other rules preventing deductions of particular kinds

          1. 359. Disallowance of travel expenses: mileage allowances and reliefs

          2. 360. Disallowance of certain accommodation expenses of MPs and other representatives

          3. 360A. Social security contributions

   3. Chapter 3 Deductions from benefits code earnings

      1. Introduction

         1. 361. Scope of this Chapter: cost of benefits deductible as if paid by employee

      2. Deductions where amounts treated as earnings under the benefits code

         1. 362. Deductions where non-cash voucher provided

         2. 363. Deductions where credit-token provided

         3. 364. Deductions where living accommodation provided

         4. 365. Deductions where certain employment-related benefits provided

   4. Chapter 4 Fixed allowances for employee’s expenses

      1. Introduction

         1. 366. Scope of this Chapter: amounts fixed by Treasury

      2. Fixed sum deductions

         1. 367. Fixed sum deductions for repairing and maintaining work equipment

         2. 368. Fixed sum deductions from earnings payable out of public revenue

   5. Chapter 5 Deductions for earnings representing benefits or reimbursed expenses

      1. Introduction

         1. 369. Scope of this Chapter: earnings representing benefits or reimbursed expenses

      2. Travel costs and expenses where duties performed abroad

         1. 370. Travel costs and expenses where duties performed abroad: employee’s travel

         2. 371. Travel costs and expenses where duties performed abroad: visiting spouse’s , civil partner's or child’s travel

         3. 372. Where seafarers' duties are performed

      3. Travel costs and expenses of non-domiciled employees where duties performed in UK

         1. 373. Non-domiciled employee’s travel costs and expenses where duties performed in UK

         2. 374. Non-domiciled employee’s spouse’s , civil partner's or child’s travel costs and expenses where duties performed in UK

         3. 375. Meaning of “qualifying arrival date”

      4. Foreign accommodation and subsistence costs and expenses

         1. 376. Foreign accommodation and subsistence costs and expenses (overseas employments)

      5. Personal security assets and services

         1. 377. Costs and expenses in respect of personal security assets and services

   6. Chapter 6 Deductions from seafarers' earnings

      1. 378. Deduction from seafarers' earnings: eligibility

      2. 379. Calculating the deduction

      3. 380. Limit on deduction where UK duties etc. make amount unreasonable

      4. 381. Taking account of other deductions

      5. 382. Duties on board ship

      6. 383. Place of performance of incidental duties

      7. 384. Meaning of employment “as a seafarer”

      8. 385. Meaning of “ship”

7. Part 6 Employment income: income which is not earnings or share-related

   1. Chapter 1 Payments to non-approved pension schemes

      1. 386. Charge on payments to non-approved retirement benefits schemes

      2. 387. Meaning of “non-approved retirement benefits scheme”

      3. 388. Apportionment of payments in respect of more than one employee

      4. 389. Exception: employments where earnings charged on remittance

      5. 390. Exception: non-domiciled employees with foreign employers

      6. 391. Exception: seafarers with overseas earnings

      7. 392. Relief where no benefits are paid or payable

   2. Chapter 2 Benefits from employer-financed retirement benefits

      1. Benefits treated as employment income

         1. 393. Application of this Chapter

         2. 393A. Employer-financed retirement benefits scheme

         3. 393B. Relevant benefits

         4. 394. Charge on benefit to which this Chapter applies

         5. 394A. Temporary non-residents

         6. 395. Reduction where employee has contributed

         7. 395A. Benefits under old section 222 schemes not taxed by virtue of section 394

         8. 395B. Exemption or reduction for foreign service

         9. 395C. Meaning of “foreign service” in section 395B

         10. 396. Certain lump sums not taxed by virtue of section 394

         11. 397. Certain lump sums: calculation of amount taxed by virtue of section 394

      2. Valuation of benefits etc.

         1. 398. Valuation of benefits

         2. 399. Employment-related loans: interest treated as paid

      3. Interpretation

         1. 399A. Responsible person

         2. 400. Interpretation

   3. Chapter 3 Payments and benefits on termination of employment etc.

      1. Preliminary

         1. 401. Application of this Chapter

         2. 402. Meaning of “benefit”

      2. Payments and benefits treated as employment income

         1. 402A. Split of payments and other benefits between sections 402B and 403

         2. 402B. Termination awards not benefiting from threshold to be treated as earnings

         3. 402C. The termination awards to which section 402B applies

         4. 402D. “Post-employment notice pay”

         5. 402E. Meaning of “trigger date” and “post-employment notice period” in section 402D

         6. 403. Charge on payment or other benefit where threshold applies

         7. 404. How the £30,000 threshold applies

         8. 404A. Amounts charged to be treated as highest part of total income

         9. 404B. Power to vary threshold

      3. Exceptions and reductions

         1. 405. Exception for certain payments exempted when received as earnings

         2. 406. Exception for death or disability payments and benefits

         3. 407. Exception for payments and benefits under tax-exempt pension schemes

         4. 408. Exception for contributions to registered pension schemes

         5. 409. Exception for payments and benefits in respect of certain legal expenses etc and indemnity insurance

         6. 410. Exception for payments and benefits in respect of certain legal expenses etc and indemnity insurance: individual deceased

         7. 411. Exception for payments and benefits for forces

         8. 412. Exception for payments and benefits provided by foreign governments etc.

         9. 413. Exception in certain cases of foreign service

         10. 413A. Exception for payment of certain legal costs

         11. 414. Reduction in other cases of foreign service

         12. 414A. Exception for payments and benefits under section 615(3) schemes

         13. 414B. Exception in certain cases of foreign service as seafarer

         14. 414C. Reduction in other cases of foreign service as seafarer

      4. General and supplementary provisions

         1. 415. Valuation of benefits

         2. 416. Notional interest treated as paid if amount charged for beneficial loan

8. Part 7 Employment income: income and exemptions relating to securities

   1. Chapter 1 Introduction

      1. General

         1. 417. Scope of Part 7

         2. 418. Other related provisions

         3. 419. Negative amounts treated as nil

      2. Interpretation of Chapters 1 to 5

         1. 420. Meaning of “securities” etc

         2. 421. Meaning of “market value” etc

         3. 421A. Meaning of “consideration”

      3. Application of Chapters 2 to 4A

         1. 421B. Application of Chapters 2 to 4A

         2. 421C. Associated persons

         3. 421D. Replacement and additional securities and changes in interests

         4. 421E. Exclusions: residence etc

         5. 421F. Exclusions: public offers

         6. 421G. Exclusions: approved plan or scheme securities

         7. 421H. Meaning of “employee-controlled” etc

         8. 421I. Consideration for acquisition of employment-related securities

      4. Information

         1. 421J. Duty to provide information

         2. 421JA. Annual returns

         3. 421JB. Returns to be given electronically

         4. 421JC. Penalties for late returns

         5. 421JD. Penalty if information not given correctly

         6. 421JE. Assessment of penalties

         7. 421JF. Appeals

         8. 421K. Reportable events

         9. 421L. Persons to whom section 421J applies

   2. Chapter 2 Restricted securities

      1. Introduction

         1. 422. Application of this Chapter

         2. 423. “Restricted securities” and “restricted interest in securities”

         3. 424. Exceptions

      2. Tax exemption on acquisition

         1. 425. No charge in respect of acquisition in certain cases

      3. Tax charge on post-acquisition chargeable events

         1. 426. Charge on occurrence of chargeable event

         2. 427. Chargeable events

         3. 428. Amount of charge

         4. 428A. Relief for secondary Class 1 contributions met by employee

         5. 429. Case outside charge under section 426

         6. 430. Election for outstanding restrictions to be ignored

         7. 430A. Application of this Chapter where securities exchanged for further securities

         8. 431. Election for full or partial disapplication of this Chapter

         9. 431A. Shares under tax advantaged plan or scheme

         10. 431B. Securities acquired for purpose of avoidance

         11. 432. Definitions

   3. Chapter 3 Convertible securities

      1. Introduction

         1. 435. Application of this Chapter

         2. 436. “Convertible securities”

      2. Tax relief on acquisition

         1. 437. Adjustment of charge

      3. Tax charge on post-acquisition chargeable events

         1. 438. Charge on occurrence of chargeable event

         2. 439. Chargeable events

         3. 440. Amount of charge

         4. 441. Amount of gain realised on occurrence of chargeable event

         5. 442. Amount of consideration given for entitlement to convert

         6. 442A. Relief for secondary Class 1 contributions met by employee

         7. 443. Case outside charge under section 438

      4. Supplementary

         1. 444. Definitions

   4. Chapter 3A Securities with artificially depressed market value

      1. Introduction

         1. 446A. Application of this Chapter

      2. Tax charge on acquisition

         1. 446B. Charge on acquisition

         2. 446C. Amount of charge

         3. 446D. Restricted securities and convertible securities

      3. Other tax charges

         1. 446E. Charge on restricted securities

         2. 446F. Adjustment of market value: conditional interests

         3. 446G. Adjustment of market value: consideration for entitlement to convert

         4. 446H. Adjustment of market value: charge on conversion

         5. 446I. Adjustment of consideration or benefit received

         6. 446IA. Disapplication of exceptions from charges

      4. Supplementary

         1. 446J. Definitions

   5. Chapter 3B Securities with artificially enhanced market value

      1. Introduction

         1. 446K. Application of this Chapter

      2. Charge on non-commercial increases

         1. 446L. Charge on non-commercial increases

         2. 446M. Securities subject to restriction on valuation date

         3. 446N. Securities subject to restriction during relevant period

         4. 446NA. Disapplication of exceptions from charges

      3. Supplementary

         1. 446O. “Relevant period” and “valuation date”

         2. 446P. Definitions

   6. Chapter 3C Securities acquired for less than market value

      1. 446Q. Application of this Chapter

      2. 446R. Case outside this Chapter

      3. 446S. Notional loan

      4. 446T. Amount of notional loan

      5. 446U. Discharge of notional loan

      6. 446UA. Pre-acquisition avoidance cases

      7. 446V. Chapter to be additional to other income tax charges

      8. 446W. Definitions

   7. Chapter 3D Securities disposed of for more than market value

      1. 446X. Application of this Chapter

      2. 446Y. Amount treated as income

      3. 446Z. Definitions

   8. Chapter 4 Post-acquisition benefits from securities

      1. 447. Charge on other chargeable benefits from securities

      2. 448. Amount of charge

      3. 449. Case outside this Chapter

      4. 450. Definitions

      5. Tax charge where restrictions or rights varied

         1. 451. Amount of charge

         2. 452. Cases outside charge under section 449

      6. Tax charge on increase in value of shares of dependent subsidiaries

         1. 453. Charge on increase in value of shares of dependent subsidiary

         2. 454. Chargeable increases

         3. 455. Amount of charge

         4. 456. Cases outside charge under section 453

      7. Tax charge on other benefits from shares

         1. 457. Charge on other chargeable benefits from shares

         2. 458. Chargeable benefits

         3. 459. Amount of charge

         4. 460. Cases outside charge under section 457

      8. Supplementary provisions

         1. 461. Related acquisitions of additional shares

         2. 462. Company reorganisations etc.

         3. 463. Disposals of shares to connected persons etc. ignored

         4. 464. Application to interests in shares

         5. 465. Duty to notify acquisitions of shares or interests in shares

         6. 466. Duty to notify chargeable events and chargeable benefits

      9. Interpretation

         1. 467. Meaning of “dependent subsidiary”

         2. 468. Meaning of “employee-controlled”

         3. 469. Shares “held by outside shareholders”

         4. 470. Minor definitions

   9. Chapter 4A Shares in research institution spin-out companies

      1. Introduction

         1. 451. Application of this Chapter

      2. Tax relief on acquisition

         1. 452. Market value on acquisition

      3. Tax relief following acquisition

         1. 453. Taxable amount under Chapter 4

      4. Disapplication of Chapters 2 and 3B

         1. 454. Deemed election for disapplication of Chapter 2

         2. 455. Disapplication of Chapter 3B

      5. Supplementary

         1. 456. Meaning of “intellectual property” and “transfer”

         2. 457. Meaning of “research institution”

         3. 458. Meaning of “involved in research”

         4. 459. Transfer of intellectual property by controlled company

         5. 460. Definitions

   10. Chapter 5 Securities options

       1. Introduction

          1. 471. Options to which this Chapter applies

          2. 472. Associated persons

          3. 473. Introduction to taxation of securities options

          4. 474. Cases where this Chapter does not apply

       2. Tax relief on acquisition of option

          1. 475. No charge in respect of acquisition of option

       3. Tax charge on post-acquisition chargeable events

          1. 476. Charge on occurrence of chargeable event

          2. 477. Chargeable events

          3. 478. Amount of charge

          4. 479. Amount of gain realised on occurrence of chargeable event

          5. 480. Deductible amounts

          6. 481. Relief for secondary Class 1 contributions met by employee

          7. 482. Relief for special contribution met by employee

       4. Supplementary provisions

          1. 483. Application of this Chapter where option exchanged for another

          2. 484. Definitions

       5. Supplementary provisions

          1. 485. Application of this Chapter where share option exchanged for another

          2. 486. Duty to notify matters relating to share options

          3. 487. Minor definitions

   11. Chapter 6 Approved share incentive plans

       1. Introduction

          1. 488. ... Share incentive plans (SIPs)

       2. Scope of tax advantages

          1. 489. Operation of tax advantages in connection with Schedule 2 SIP

       3. Tax advantages connected with award of shares

          1. 490. No charge on award or acquisition of shares: general

          2. 491. No charge on award of shares as taxable benefit

          3. 492. No charge on partnership share money deducted from salary

          4. 493. No charge on acquisition of dividend shares

       4. Tax advantages connected with holding of shares

          1. 494. No charge on removal of restrictions applying to shares

          2. 495. No charge on increase in value of shares of dependent subsidiary

          3. 496. No charge on cash dividend retained for reinvestment

       5. Tax advantages connected with shares ceasing to be subject to plan

          1. 497. Limitations on charges on shares ceasing to be subject to plan

          2. 498. No charge on shares ceasing to be subject to plan in certain circumstances

       6. Tax advantages: supplementary

          1. 499. No charge in respect of incidental expenditure

       7. Scope of tax charges

          1. 500. Operation of tax charges in connection with Schedule 2 SIP

       8. Charges connected with holding of shares

          1. 501. Charge on capital receipts in respect of plan shares

          2. 502. Meaning of “capital receipt” in section 501

          3. 503. Charge on partnership share money paid over to employee

          4. 504. Charge on cancellation payments in respect of partnership share agreement

       9. Charges connected with shares ceasing to be subject to plan

          1. 505. Charge on free or matching shares ceasing to be subject to plan

          2. 506. Charge on partnership shares ceasing to be subject to plan

          3. 507. Charge on disposal of beneficial interest during holding period

          4. 508. Identification of shares ceasing to be subject to plan

       10. PAYE

           1. 509. Modification of section 696 where charge on shares ceasing to be subject to plan

           2. 510. Payments by trustees to employer company on shares ceasing to be subject to plan

           3. 511. PAYE deductions to be made by trustees on shares ceasing to be subject to plan

           4. 512. Disposal of beneficial interest by participant

           5. 513. Capital receipts: payments by trustees to employer company

           6. 514. Capital receipts: PAYE deductions to be made by trustees

       11. Other tax consequences

           1. 515. Tax advantages and charges under other Acts

   12. Chapter 7 Approved SAYE option schemes

       1. Introduction

          1. 516. ... SAYE option schemes

          2. 517. Share options to which this Chapter applies

       2. Tax advantages

          1. 518. No charge in respect of receipt of option

          2. 519. No charge in respect of exercise of option

          3. 520. No charge in respect of post-acquisition benefits

   13. Chapter 8 Approved CSOP schemes

       1. Introduction

          1. 521. ... CSOP schemes

          2. 522. Share options to which this Chapter applies

       2. Tax advantages

          1. 523. No charge in respect of receipt of option

          2. 524. No charge in respect of receipt of option

          3. 525. No charge in respect of post-acquisition benefits

       3. Tax charge

          1. 526. Charge where option granted at a discount

   14. Chapter 9 Enterprise management incentives

       1. Introduction

          1. 527. Enterprise management incentives: qualifying options

       2. Tax advantages: receipt of option

          1. 528. No charge on receipt of qualifying option

       3. Tax advantages: exercise of option

          1. 529. Scope of tax advantages: option must be exercised within 10 years

          2. 530. No charge on exercise of option to acquire shares at market value

          3. 531. Limitation of charge on exercise of option to acquire shares below market value

       4. Tax advantages where disqualifying events

          1. 532. Modified tax consequences following disqualifying events

          2. 533. Disqualifying events

          3. 534. Disqualifying events relating to relevant company

          4. 535. Disqualifying events relating to employee

          5. 536. Other disqualifying events

          6. 537. Alterations of share capital for purposes of section 536

          7. 538. Share conversions excluded for purposes of section 536

          8. 539. CSOP and other options relevant for purposes of section 536

       5. Tax advantages: taxable benefits

          1. 540. No charge on acquisition of shares as taxable benefit

       6. Other income tax consequences

          1. 541. Effects on other income tax charges

   15. Chapter 10 Priority share allocations

       1. Exemption where offer made to both public and employees

          1. 542. Exemption: offer made to public and employees

          2. 543. Discount not covered by exemption in section 542

       2. Exemption where different offers made to public and employees

          1. 544. Exemption: different offers made to public and employees

          2. 545. Discount not covered by exemption in section 544

       3. Supplementary provisions

          1. 546. Meaning of being entitled “on similar terms”

          2. 547. Meaning and amount or value of “registrant discount”

          3. 548. Minor definitions

   16. Chapter 11 Supplementary provisions about employee benefit trusts

       1. Introduction

          1. 549. Application of this Chapter

       2. Employee benefit trusts

          1. 550. Meaning of “employee benefit trust”

          2. 551. “Qualifying disposals” for purposes of section 550

       3. Attribution of interests in company

          1. 552. Attribution of interest in company to beneficiary or associate

          2. 553. Meaning of “appropriate percentage” for purposes of section 552

          3. 554. Attribution of further interest in company

9. Part 7A Employment income provided through third parties

   1. CHAPTER 1 Application etc

      1. Application: main case

         1. 554A. Application of Chapter 2 : main case

      2. Application: close companies

         1. 554AA. Application of Chapter 2: close companies

         2. 554AB. Meaning of “relevant transaction”

         3. 554AC. Meaning of “excluded transaction”

         4. 554AD. Section 554AA: meaning of “director”

         5. 554AE. Section 554AA: meaning of “material interest”

         6. 554AF. Section 554AA: supplementary

      3. Relevant steps

         1. 554B. Relevant steps: earmarking etc of sum of money or asset

         2. 554C. Relevant steps: payment of sum, transfer of asset etc

         3. 554D. Relevant steps: making asset available

      4. Exclusions

         1. 554E. Exclusions: steps under certain schemes etc

         2. 554F. Exclusions: commercial transactions

         3. 554G. Exclusions: transactions under employee benefit packages

         4. 554H. Exclusions: earmarking of deferred remuneration

         5. 554I. Exclusions: introduction to sections 554J to 554M

         6. 554J. Exclusions: earmarking for employee share schemes (1)

         7. 554K. Exclusions: earmarking for employee share schemes (2)

         8. 554L. Exclusions: earmarking for employee share schemes (3)

         9. 554M. Exclusions: earmarking for employee share schemes (4)

         10. 554N. Exclusions: other cases involving employment-related securities etc

         11. 554O. Exclusions: employee car ownership schemes

         12. 554OA. Exclusions: transfer of employment-related loans

         13. 554P. Exclusions: employment income exemptions under Part 4

         14. 554Q. Exclusions: income arising from earmarked sum or asset

         15. 554R. Exclusions: acquisitions out of sums or assets

         16. 554RA. Exclusions: relevant repayments

         17. 554S. Exclusions: pension income chargeable under Part 9 etc

         18. 554T. Exclusions: employee pension contributions

         19. 554U. Exclusions: pre-6 April 2006 contributions to employer-financed retirement benefit schemes

         20. 554V. Exclusions: purchases of annuities out of pension scheme rights

         21. 554W. Exclusions: certain retirement benefits etc

         22. 554X. Exclusions: transfers between certain foreign pension schemes

         23. 554XA. Exclusions: payments in respect of a tax liability

         24. 554Y. Power to exclude other relevant steps

      5. Interpretation

         1. 554Z. Interpretation: general

         2. 554Z1. Interpretation: persons linked with A

   2. CHAPTER 2 Treatment of relevant step for income tax purposes

      1. Employment income

         1. 554Z2. Value of relevant step to count as employment income

         2. 554Z2A. Exception to section 554Z2(1): close companies

         3. 554Z3. Value of relevant step

         4. 554Z4. Residence issues

         5. 554Z4A. Temporary non-residents

         6. 554Z5. Overlap with money or asset subject to earlier tax liability

         7. 554Z6. Overlap with certain earnings

         8. 554Z7. Exercise price of share options

         9. 554Z8. Cases where consideration given for relevant step

      2. Remittance basis

         1. 554Z9. Remittance basis: A does not meet section 26A requirement

         2. 554Z10. Remittance basis: A meets section 26A requirement

         3. 554Z11. Remittance basis: supplementary

         4. 554Z11A. Temporary non-residents

      3. Double taxation: earlier income tax liability

         1. 554Z11B. Earlier income tax liability: application of section 554Z11C

         2. 554Z11C. Earlier income tax liability: treatment of payments

         3. 554Z11D. Earlier income tax liability: provisional payments of tax

         4. 554Z11E. Application for provisional payments to be treated as payment of tax

         5. 554Z11F. Provisional payments of tax: further provision

         6. 554Z11G. Earlier income tax liability: supplementary provision

      4. Supplementary

         1. 554Z12. Relevant step taken after A's death etc

         2. 554Z13. Subsequent income tax liability

         3. 554Z14. Relief where earmarking not followed by further relevant step

         4. 554Z15. Location of employment duties

   3. CHAPTER 3 Undertakings given by employers etc in relation to retirement benefits etc

      1. 554Z16. Application etc

      2. 554Z17. Employer etc to be treated as relevant third person etc

      3. 554Z18. Earmarking etc

      4. 554Z19. Provision of security

      5. 554Z20. Valuation of step within section 554Z19

      6. 554Z21. Relief for earmarking or security not followed by contribution or relevant benefit

10. Part 8 Former employees: deductions for liabilities

    1. Deductions in calculating net income

       1. 555. Former employee entitled to deduction in calculating net income

       2. 556. Deductible payments made outside the time limits allowed

       3. 556A. Deductible payments made pursuant to tax avoidance arrangements

       4. 557. Deductible payments wholly or partly borne by the former employer etc.

    2. Interpretation

       1. 558. Meaning of “deductible payment”

       2. 559. Liabilities related to the former employment

       3. 560. Meaning of “qualifying insurance contract”

       4. 561. Connected contracts

       5. 562. Meaning of “former employee” and “employment”

       6. 563. Other interpretation

       7. 564. Application of this Part to office-holders

11. Part 9 Pension income

    1. Chapter 1 Introduction

       1. 565. Structure of Part 9

    2. Chapter 2 Tax on pension income

       1. 566. Nature of charge to tax on pension income and relevant definitions

       2. 567. Amount charged to tax

       3. 567A. Cases in which Part 7A has applied to source of pension income

       4. 568. Person liable for tax

    3. Chapter 3 United Kingdom pensions: general rules

       1. 569. United Kingdom pensions

       2. 570. “Pension”: interpretation

       3. 571. Taxable pension income

       4. 572. Person liable for tax

       5. 572A. Temporary non-residents

    4. Chapter 4 Foreign pensions: general rules

       1. 573. Foreign pensions

       2. 574. “Pension”: interpretation

       3. 574A. “Pension”: relevant lump sums

       4. 575. Taxable pension income

       5. 576. Person liable for tax

       6. 576A. Temporary non-residents

    5. Chapter 5 United Kingdom social security pensions

       1. 577. United Kingdom social security pensions

       2. 578. Taxable pension income

       3. 579. Person liable for tax

    6. Chapter 5A PENSIONS UNDER REGISTERED PENSION SCHEMES

       1. 579A. Pensions

       2. 579B. Taxable pension income

       3. 579C. Person liable for tax

       4. 579CZA. Exemption for beneficiaries' income withdrawal in some cases

       5. 579CA. Temporary non-residents

       6. 579D. Interpretation

    7. Chapter 6 Approved retirement benefits schemes

       1. Pensions and annuities

          1. 580. Pensions and annuities

          2. 581. Taxable pension income

          3. 582. Person liable for tax

       2. Unauthorised payments

          1. 583. Unauthorised payments

          2. 584. Taxable pension income

          3. 585. Person liable for tax

       3. Interpretation etc.

          1. 586. Meaning of “retirement benefits scheme” etc.

          2. 587. Application to marine pilots' benefit fund

          3. 588. Meaning of “employee” , “former civil partner and “ex-spouse”

          4. 589. Regulations

    8. Chapter 7 Former approved superannuation funds

       1. Annuities

          1. 590. Annuities

          2. 591. Taxable pension income

          3. 592. Person liable for tax

       2. Unauthorised payments

          1. 593. Unauthorised payments: application of section 583

       3. Interpretation

          1. 594. Meaning of “former approved superannuation fund”

    9. Chapter 8 Approved personal pension schemes

       1. Annuities

          1. 595. Annuities

          2. 596. Taxable pension income

          3. 597. Person liable for tax

       2. Income withdrawals

          1. 598. Income withdrawals

          2. 599. Taxable pension income

          3. 600. Person liable for tax

       3. Unauthorised personal pension payments

          1. 601. Unauthorised personal pension payments

          2. 602. Taxable pension income

          3. 603. Person liable for tax

       4. Interpretation

          1. 604. Meaning of “personal pension scheme” and related expressions

    10. Chapter 9 Retirement annuity contracts

        1. 605. Annuities

        2. 606. Meaning of “retirement annuity contract”

        3. 607. Taxable pension income

        4. 608. Person liable for tax

    11. Chapter 10 Other employment-related annuities

        1. 609. Annuities for the benefit of dependants

        2. 610. Annuities under non-registered occupational pension schemes

        3. 611. Annuities in recognition of another’s services

        4. 611A. Exemptions from sections 609 to 611

        5. 612. Taxable pension income: UK annuities

        6. 613. Taxable pension income: foreign annuities

        7. 614. Person liable for tax

    12. Chapter 11 Certain overseas government pensions paid in the UK

        1. 615. Certain overseas government pensions paid in the United Kingdom

        2. 616. Taxable pension income

        3. 617. Deduction allowed from taxable pension income

        4. 618. Person liable for tax

    13. Chapter 12 House of Commons Members' Fund

        1. 619. The House of Commons Members' Fund

        2. 620. Meaning of “House of Commons Members' Fund”

        3. 621. Taxable pension income

        4. 622. Person liable for tax

    14. Chapter 13 Return of surplus employee additional voluntary contributions

        1. 623. Return of surplus employee additional voluntary contributions

        2. 624. Taxable pension income

        3. 625. Person liable for tax

        4. 626. Income tax treated as paid

        5. 627. Meaning of “grossing up”

        6. 628. Interpretation

    15. Chapter 14 Pre-1973 pensions paid under the Overseas Pensions Act 1973

        1. 629. Pre-1973 pensions paid under the Overseas Pensions Act 1973

        2. 630. Interpretation

        3. 631. Taxable pension income

        4. 632. Person liable for tax

    16. Chapter 15 Voluntary annual payments

        1. 633. Voluntary annual payments

        2. 634. Taxable pension income: UK voluntary annual payments

        3. 635. Taxable pension income: foreign voluntary annual payments

        4. 636. Person liable for tax

    17. CHAPTER 15A Lump sums under registered pension schemes

        1. 636A. Exemptions and liabilities for certain lump sums under registered pension schemes

        2. 636AA. Taxable lump sum death benefits

        3. 636B. Trivial commutation and winding-up lump sums

        4. 636C. Trivial commutation and winding-up lump sum death benefits

        5. Introduction

           1. 637. Introduction

        6. Tax treatment of authorised lump sums

           1. 637A. Pension commencement lump sums

           2. 637B. Pension commencement excess lump sums

           3. 637C. Serious ill-health lump sums

           4. 637D. Uncrystallised funds pension lump sums

           5. 637E. Short service refund lump sum

           6. 637F. Refund of excess contributions lump sums

           7. 637G. Trivial commutation lump sums and winding-up lump sums

        7. Tax treatment of authorised lump sum death benefits

           1. 637H. Defined benefits lump sum death benefits

           2. 637I. Pension protection lump sum death benefits

           3. 637J. Uncrystallised funds lump sum death benefits

           4. 637K. Annuity protection lump sum death benefits

           5. 637L. Drawdown pension fund lump sum death benefits

           6. 637M. Flexi-access drawdown lump sum death benefits

           7. 637N. Trivial commutation lump sum death benefits

        8. Allowances

           1. 637P. Individual’s lump sum allowance

           2. 637Q. Availability of individual’s lump sum allowance

           3. 637R. Individual’s lump sum and death benefit allowance

           4. 637S. Availability of individual’s lump sum and death benefit allowance

    18. Chapter 16 Exemption for certain lump sums

    19. Chapter 17 Exemptions: any taxpayer

        1. 638. Awards for bravery

        2. 639. Pensions in respect of death due to military or war service

        3. 640. Exemption under section 639 where income withheld

        4. 640A. Lump sums provided under armed forces early departure scheme

        5. 641. Wounds and disability pensions

        6. 642. Compensation for National-Socialist persecution

        7. 642A. Netherlands Benefit Act for Victims of Persecution 1940-1945

        8. 643. Malawi, Trinidad and Tobago and Zambia government pensions

        9. 644. Pensions payable where employment ceased due to disablement

        10. 644A. Health and employment insurance payments

        11. 645. Social security pensions: increases in respect of children

        12. 646. Former miners etc: coal and allowances in lieu of coal

        13. 646A. Foreign pensions of consular employees

        14. 646B. Registered schemes: beneficiaries' annuities from unused funds

        15. 646C. Registered schemes: beneficiaries' annuities from drawdown funds

        16. 646D. Non-registered schemes: beneficiaries' annuities from unused funds

        17. 646E. Non-registered schemes: beneficiaries' annuities from drawdown funds

        18. 646F. Interpretation of sections 646B to 646E

    20. Chapter 18 Exemptions: Non-UK resident taxpayers

        1. 647. Introduction and meaning of “foreign residence condition” etc.

        2. 648. The Central African Pension Fund

        3. 649. Commonwealth government pensions

        4. 650. Oversea Superannuation Scheme

        5. 651. Overseas Pensions Act 1973

        6. 652. Overseas Service Act 1958

        7. 653. Overseas Service Pensions Fund

        8. 654. The Pensions (India, Pakistan and Burma) Act 1955

12. Part 10 Social security income

    1. Chapter 1 Introduction

       1. 655. Structure of Part 10

    2. Chapter 2 Tax on social security income

       1. 656. Nature of charge to tax on social security income

       2. 657. Meaning of “social security income”, “taxable benefits” etc.

       3. 658. Amount charged to tax

       4. 659. Person liable for tax

    3. Chapter 3 Taxable UK social security benefits

       1. 660. Taxable benefits: UK benefits – Table A

       2. 661. Taxable social security income

       3. 662. Person liable for tax

    4. Chapter 4 Taxable UK social security benefits: exemptions

       1. Incapacity benefit

          1. 663. Long-term incapacity benefit: previous entitlement to invalidity benefit

          2. 664. Short-term incapacity benefit not payable at the higher rate

       2. Income support and relevant welfare supplementary payments

          1. 665. Exempt unless payable to a person involved in a trade dispute

          2. 666. Child maintenance bonus

          3. 667. Amounts in excess of taxable maximum

          4. 668. Taxable maximum

          5. 669. Interpretation

       3. Jobseeker’s allowance and relevant welfare supplementary payments

          1. 670. Child maintenance bonus

          2. 671. Amounts in excess of taxable maximum

          3. 672. Taxable maximum: general

          4. 673. Taxable maximum: income-based jobseeker’s allowance

          5. 674. Taxable maximum: contribution-based jobseeker’s allowance

          6. 675. Interpretation

       4. Increases in respect of children

          1. 676. Increases in respect of children

    5. Chapter 5 UK social security benefits wholly exempt from income tax

       1. 677. UK social security benefits wholly exempt from tax: Table B

    6. Chapter 6 Taxable foreign benefits

       1. 678. Taxable benefits: foreign benefits

       2. 679. Taxable social security income

       3. 680. Person liable for tax

    7. Chapter 7 Taxable and other foreign benefits: exemptions

       1. 681. Taxable and other foreign benefits: exemptions

       2. 681A. Foreign benefits of consular employees

    8. CHAPTER 8 High income child benefit charge

       1. 681B. High income child benefit charge

       2. 681C. The amount of the charge

       3. 681D. Extension of charge in cases where child not living with claimant

       4. 681E. Special cases

       5. 681F. Alteration of income limit etc by Treasury order

       6. 681G. Meaning of “partner”

       7. 681H. Other interpretation provisions

13. Part 11 Pay As You Earn

    1. Chapter 1 Introduction

       1. 682. Scope of this Part

       2. 683. PAYE income

    2. Chapter 2 PAYE: general

       1. 684. PAYE regulations

       2. 685. Tax tables

       3. 686. Meaning of “payment”

    3. Chapter 3 PAYE: special types of payer or payee

       1. 687. Payments by intermediary

       2. 687A. Payment of employment income under Part 7A

       3. 688. Agency workers

       4. 688A. Managed service companies: recovery from other persons

       5. 688AA. Workers' services provided through intermediaries: recovery of PAYE

       6. 688AB. Workers’ providing services through intermediaries etc: cases where taxes already paid

       7. 688B. Travel expenses of workers providing services through intermediaries: recovery of unpaid tax

       8. 689. Employee of non-UK employer

       9. 689A. Oil and gas workers on the continental shelf

       10. 690. Employee non-resident etc.

       11. 691. Mobile UK workforce

       12. 692. Organised arrangements for sharing tips

    4. Chapter 4 PAYE: special types of income

       1. Income provided by means of vouchers and tokens

          1. 693. Cash vouchers

          2. 694. Non-cash vouchers

          3. 695. Credit-tokens

       2. Income provided in other ways

          1. 695A. Employment income under Part 7A

          2. 696. Readily convertible assets

          3. 697. Enhancing the value of an asset

          4. 698. PAYE: special charges on employment-related securities

          5. 699. PAYE: conversion of shares

          6. 700. PAYE: gains from securities options

          7. 700A. Employment-related securities etc: remittance basis

       3. Supplemental

          1. 701. Meaning of “asset”

          2. 702. Meaning of “readily convertible asset”

    5. Chapter 5 PAYE settlement agreements

       1. 703. Introduction

       2. 704. Sums payable by employers under agreements

       3. 705. Approximations allowed in calculations

       4. 706. Exclusion of general earnings from income etc.

       5. 707. Interpretation of this Chapter

    6. Chapter 6 Miscellaneous and supplemental

       1. 708. PAYE repayments

       2. 709. Additional provision for certain assessments

       3. 710. Notional payments: accounting for tax

       4. 711. Right to make a return

       5. 712. Interpretation of this Part

14. Part 12 Payroll giving

    1. 713. Donations to charity: payroll deduction scheme

    2. 714. Meaning of “donations”

    3. 715. Approval of schemes: regulation by Treasury

15. Part 13 Supplementary provisions

    1. Alteration of amounts

       1. 716. Alteration of amounts by Treasury order

    2. Priority rule for certain dividends etc

       1. 716A. Priority rule for dividends etc. of UK resident companies etc.

    3. Employment intermediaries: information powers

       1. 716B. Employment intermediaries to keep, preserve and provide information etc

    4. Orders and regulations

       1. 717. Orders and regulations made by Treasury or Commissioners

    5. Interpretation

       1. 718. Connected persons

       2. 719. Meaning of “control”

       3. 720. Meaning of “ an officer of Revenue and Customs ” etc.

       4. 721. Other definitions

    6. Amendments, repeals, citation etc.

       1. 722. Consequential amendments

       2. 723. Commencement and transitional provisions and savings

       3. 724. Repeals and revocations

       4. 725. Citation

16. SCHEDULES

    1. SCHEDULE 1

       Abbreviations and defined expressions

       1. Part 1 Abbreviations of Acts and instruments

       2. Part 2 Index of expressions defined in this Act or ICTA

          1. Note: this index does not apply to expressions used in...

    2. SCHEDULE 2

       ... share incentive plans

       1. Part 1 Introduction

          1. Introduction to Schedule 2 share incentive plans (SIPs)

             1. 1. (A1) For the purposes of the SIP code a share...

          2. SIPs: free shares and partnership shares

             1. 2. (1) In the SIP code a “share incentive plan” (or...

          3. Matching shares

             1. 3. (1) A SIP that provides for partnership shares may also...

          4. Group plans

             1. 4. (1) A SIP established by a company that controls other...

          5. Meaning of “award of shares”, “participant” etc.

             1. 5. (1) For the purposes of the SIP code an “award...

       2. Part 2 General requirements

          1. General requirements for approval: introduction

             1. 6. (1) A SIP must meet the plan requirements contained in—...

          2. The purpose of the plan

             1. 7. (1) The purpose of the plan must be to provide,...

          3. All-employee nature of plan

             1. 8. (1) The plan must provide that every employee who—

          4. Participation on same terms

             1. 9. (1) The requirement of this paragraph is that—

          5. No preferential treatment for directors and senior employees

             1. 10. (1) The first requirement of this paragraph is that no...

          6. No further conditions

             1. 11. No conditions apart from those required or authorised by this...

          7. No loan arrangements

             1. 12. (1) The arrangements for the plan must not make any...

       3. Part 3 Eligibility of individuals

          1. Eligibility of individuals: introduction

             1. 13. A SIP must meet the plan requirements contained in— paragraph...

          2. Time of eligibility to participate

             1. 14. (1) The plan must provide that an individual may only...

          3. The employment requirement

             1. 15. (1) The plan must provide that an individual is not...

          4. Qualifying periods

             1. 16. (1) This paragraph applies if the plan provides for a...

          5. Meaning of “qualifying company”

             1. 17. (1) For the purposes of paragraph 15(2) “qualifying company” has...

          6. Requirement not to participate in other SIPs

             1. 18. (1) The plan must provide that an individual is not...

          7. Participation in more than one connected SIP in a tax year

             1. 18A. (1) The plan must provide that, if an individual participates...

          8. The “no material interest” requirement

             1. 19. . . . . . . . . . ....

          9. Meaning of “material interest”

             1. 20. . . . . . . . . . ....

          10. Material interest: options and interests in SIPs

              1. 21. . . . . . . . . . ....

          11. Meaning of “associate”

              1. 22. . . . . . . . . . ....

          12. Meaning of “associate”: trustees of employee benefit trust

              1. 23. . . . . . . . . . ....

          13. Meaning of “associate”: trustees of discretionary trust

              1. 24. . . . . . . . . . ....

       4. Part 4 Types of shares that may be awarded

          1. Types of share that may be awarded: introduction

             1. 25. (1) The requirements of the following paragraphs must be met...

          2. Shares must be part of ordinary share capital of certain companies

             1. 26. Eligible shares must form part of the ordinary share capital...

          3. Requirement as to listing etc.

             1. 27. (1) Eligible shares must be— (a) shares of a class...

          4. Shares must be fully paid up and not redeemable

             1. 28. (1) Eligible shares must be— (a) fully paid up, and...

          5. Prohibited shares

             1. 29. (1) Eligible shares must not be shares in—

          6. Only certain kinds of restriction allowed

             1. 30. (1) Eligible shares must not be subject to any restrictions...

          7. Permitted restrictions: voting rights

             1. 31. Eligible shares may be shares carrying no voting rights or...

          8. Permitted restrictions: provision for forfeiture

             1. 32. (1) Free or matching shares may be subject to provision...

          9. Permitted restrictions: pre-emption conditions

             1. 33. (1) If the requirements of this paragraph are met, eligible...

       5. Part 5 Free shares

          1. Free shares: introduction

             1. 34. (1) If a SIP provides for free shares, it must...

          2. Maximum annual award

             1. 35. (1) The plan must provide that the initial market value...

          3. The holding period

             1. 36. (1) The plan must require the company in respect of...

          4. Holding period: power of participant to direct trustees to accept general offers etc.

             1. 37. (1) A participant may direct the trustees to do any...

          5. Performance allowances: general application

             1. 38. A plan that provides for performance allowances in relation to...

          6. Performance allowances: targets and measures

             1. 39. (1) A plan that provides for performance allowances must comply...

          7. Performance allowances: information to be given to employees

             1. 40. (1) A plan that provides for performance allowances in relation...

          8. Performance allowances: method one

             1. 41. (1) The requirements of this paragraph are those contained in...

          9. Performance allowances: method two

             1. 42. (1) The requirements of this paragraph are those contained in...

       6. Part 6 Partnership shares

          1. Partnership shares: introduction

             1. 43. (1) If a SIP provides for partnership shares, the following...

          2. Partnership share agreements

             1. 44. (1) The plan must provide for qualifying employees to enter...

          3. Deductions from salary

             1. 45. (1) The plan must provide for a partnership share agreement...

          4. Maximum amount of deductions

             1. 46. (1) The amount of partnership share money deducted from an...

          5. Minimum amount of deductions

             1. 47. (1) The plan may provide that the amount to be...

          6. Notice of possible effect of deductions on benefit entitlement

             1. 48. (1) The plan must provide that the company may not...

          7. Partnership share money held for employee

             1. 49. (1) The plan must provide that partnership share money deducted...

          8. Application of money deducted where no accumulation periods

             1. 50. (1) If the plan does not provide for an accumulation...

          9. Accumulation periods

             1. 51. (1) The plan may provide for accumulation periods not exceeding...

          10. Application of money deducted in accumulation period

              1. 52. (1) This paragraph applies if the plan provides for one...

          11. Restriction on number of shares awarded

              1. 53. (1) The plan may authorise the company to specify the...

          12. Stopping and re-starting deductions

              1. 54. (1) The plan must provide that an employee may at...

          13. Withdrawal from partnership share agreement

              1. 55. (1) The plan must provide that an employee may at...

          14. Repayment of partnership share money on plan ceasing to be a Schedule 2 SIP or termination

              1. 56. (1) The plan must provide that, where the plan is...

          15. Access to partnership shares

              1. 57. (1) The plan must provide that when partnership shares have...

       7. Part 7 Matching shares

          1. Matching shares: introduction

             1. 58. If a SIP provides for matching shares it must meet...

          2. General requirements for matching shares

             1. 59. (1) The plan must provide for the matching shares to...

          3. Ratio of matching shares to partnership shares

             1. 60. (1) The partnership share agreement must specify—

          4. Holding period for matching shares

             1. 61. Paragraphs 36 and 37 (the holding period and related matters)...

       8. Part 8 Cash dividends and dividend shares

          1. Reinvestment of cash dividends

             1. 62. (1) A SIP may provide that, where the company so...

          2. Requirements to be met as regards cash dividends

             1. 63. (1) If a SIP makes the provision authorised by paragraph...

          3. Limit on amount reinvested

             1. 64. (1) The plan must provide that the total dividend reinvestment...

          4. General requirements as to dividend shares

             1. 65. (1) The plan must provide that dividend shares are to...

          5. Acquisition of dividend shares

             1. 66. (1) The plan must provide that the trustees must treat...

          6. Holding period for dividend shares

             1. 67. Paragraphs 36 and 37 (the holding period and related matters)...

          7. Reinvestment: amounts to be carried forward

             1. 68. (1) This paragraph applies where an amount is not reinvested...

          8. Cash dividends where no requirement to reinvest

             1. 69. (1) The plan must require any distributable cash dividends in...

       9. Part 9 Trustees

          1. Requirements etc. relating to trustees: introduction

             1. 70. (1) A SIP must meet the plan requirements contained in—...

          2. Establishment of trustees

             1. 71. (1) The plan must provide for the establishment of a...

          3. Duty to monitor participants in connected schemes

             1. 71A. The trust instrument must require the trustees to maintain records...

          4. Duty to act in accordance with participant’s directions

             1. 72. (1) The trust instrument must require the trustees—

          5. Duty not to dispose of plan shares

             1. 73. (1) This paragraph applies to a participant’s plan shares that...

          6. Duty to make payments to participants

             1. 74. (1) The trust instrument must require the trustees to pay...

          7. Duty to give notice of award of shares etc.

             1. 75. (1) The trust instrument must make the following provision regarding...

          8. Power of trustees to borrow

             1. 76. The trust instrument may provide that the trustees have power...

          9. Power of trustees to raise funds to subscribe for rights issue

             1. 77. (1) The trustees may dispose of some of the rights...

          10. Acquisition by trustees of shares from employee share ownership trust

              1. 78. (1) The trust instrument must provide that, where there is...

          11. Meeting by trustees of PAYE obligations

              1. 79. (1) The plan must make provision to ensure that, where...

          12. Other duties of trustees in relation to tax liabilities

              1. 80. (1) The trust instrument must require the trustees to maintain...

       10. PART 10 Notification of plans, annual returns and enquiries

           1. Notice of SIP to be given to HMRC

              1. 81A. (1) For a SIP to be a Schedule 2 SIP...

           2. Annual returns

              1. 81B. (1) This paragraph applies if notice is given in relation...

              2. 81C. (1) This paragraph applies if the company fails to give...

           3. Notices and returns to be given electronically etc

              1. 81D. (1) A notice under paragraph 81A, and any information accompanying...

              2. 81E. (1) This paragraph applies if a return under paragraph 81B,...

           4. Enquiries

              1. 81F. (1) This paragraph applies if notice is given in relation...

              2. 81G. (1) An enquiry under paragraph 81F(2), (3) or (5) is...

              3. 81H. (1) This paragraph applies if HMRC decide—

              4. 81I. (1) This paragraph applies if HMRC decide—

           5. Assessment of penalties

              1. 81J. (1) This paragraph applies if the company is liable for...

           6. Appeals

              1. 81K. (A1) The company may appeal against a decision of HMRC...

       11. PART 10A Disqualifying events

           1. 85A. (1) A SIP ceases to be a Schedule 2 SIP...

       12. Part 11 Supplementary provisions

           1. Company reconstructions

              1. 86. (1) In this Part of this Schedule a “company reconstruction”...

           2. Consequences of company reconstructions

              1. 87. (1) In the SIP code references to a participant’s plan...

           3. Treatment of shares acquired under rights issue

              1. 88. (1) This paragraph applies for the purposes of the SIP...

           4. Termination of plan

              1. 89. (1) The plan may provide for the company to issue...

           5. Effect of plan termination notice

              1. 90. (1) This paragraph applies if the company has issued a...

           6. Jointly owned companies

              1. 91. (1) This paragraph applies for the purposes of the provisions...

           7. Determination of market value

              1. 92. (1) For the purposes of the SIP code the “market...

           8. Power to require information

              1. 93. (1) An officer of Revenue and Customs may by notice...

           9. Meaning of “associated company”

              1. 94. (1) For the purposes of the SIP code one company...

           10. Meaning of participant ceasing to be in relevant employment

               1. 95. (1) This paragraph explains what is meant, for the purposes...

           11. Meaning of shares being withdrawn from plan

               1. 96. (1) For the purposes of the SIP code plan shares...

           12. Meaning of shares ceasing to be subject to plan

               1. 97. (1) For the purposes of the SIP code plan shares...

           13. Meaning of “the specified retirement age”

               1. 98. (1) In the SIP code, in relation to a SIP...

           14. Minor definitions

               1. 99. (1) In the SIP code— “articles of association”, in relation...

           15. Index of defined expressions

               1. 100. In the SIP code the following expressions are defined or...

    3. SCHEDULE 3

       Approved SAYE option schemes

       1. Part 1 Introduction

          1. Introduction to Schedule 3 SAYE option schemes

             1. 1. (A1) For the purposes of the SAYE code an SAYE...

          2. SAYE option schemes

             1. 2. (1) In the SAYE code an “SAYE option scheme” means...

          3. Group schemes

             1. 3. (1) An SAYE option scheme established by a company that...

       2. Part 2 General requirements for approval

          1. General requirements for approval: introduction

             1. 4. An SAYE option scheme must meet the requirements of— paragraph...

          2. General restriction on contents of scheme

             1. 5. (1) The purpose of the scheme must be to provide,...

          3. All-employee nature of scheme

             1. 6. (1) The scheme must provide that every person who meets...

          4. Participation on similar terms

             1. 7. (1) The requirements of this paragraph are—

          5. No preferential treatment for directors and senior employees

             1. 8. (1) The requirement of this paragraph is that, if the...

       3. Part 3 Eligibility of individuals to participate in scheme

          1. Requirements relating to the eligibility of individuals: introduction

             1. 9. An SAYE option scheme must meet the requirements of— paragraph...

          2. The employment requirement

             1. 10. (1) The scheme must ensure that an individual is not...

          3. The “no material interest” requirement

             1. 11. (1) The scheme must ensure that an individual is not...

          4. Meaning of “material interest”

             1. 12. (1) In paragraph 11 (the “no material interest” requirement) references...

          5. Material interest: options and interests in SIPs

             1. 13. (1) For the purposes of paragraph 12 (meaning of “material...

          6. Meaning of “associate”

             1. 14. (1) In paragraph 11(2) (the “no material interest” requirement) “associate”,...

          7. Meaning of “associate”: trustees of employee benefit trust

             1. 15. (1) This paragraph applies for the purposes of paragraph 14(1)(c)...

          8. Meaning of “associate”: trustees of discretionary trust

             1. 16. (1) This paragraph applies for the purposes of paragraph 14(1)(c)...

       4. Part 4 Shares to which schemes can apply

          1. Requirements relating to shares that may be subject to share options: introduction

             1. 17. (1) An SAYE option scheme must meet the requirements of—...

          2. Shares must be ordinary shares of certain companies

             1. 18. Eligible shares must form part of the ordinary share capital...

          3. Requirements as to listing

             1. 19. (1) Eligible shares must be— (a) shares of a class...

          4. Shares must be fully paid up and not redeemable

             1. 20. Eligible shares must be— (a) fully paid up, and

          5. Only certain kinds of restriction allowed

             1. 21. (1) Eligible shares must not be subject to any restrictions...

          6. Requirements as to other shareholdings

             1. 22. (1) The majority of the issued shares of the same...

       5. Part 5 Requirement for linked savings arrangement

          1. Requirements as to linked savings arrangement : introduction

             1. 23. An SAYE option scheme must meet the requirements of— paragraph...

          2. Payments for shares to be linked to approved savings arrangements

             1. 24. (1) The scheme must provide for shares acquired by the...

          3. Requirements as to contributions to savings arrangements

             1. 25. (1) The scheme must provide for a person’s contributions under...

          4. Repayments under a savings arrangement : whether bonuses included

             1. 26. (1) For the purposes of this Schedule repayments under a...

       6. Part 6 Requirements etc. relating to share options

          1. Requirements etc. relating to share options: introduction

             1. 27. (1) An SAYE option scheme must meet the requirements of—...

          2. Requirements as to price for acquisition of shares

             1. 28. (1) The price at which shares may be acquired by...

          3. Share options must not be transferable

             1. 29. (1) The scheme must ensure that share options granted to...

          4. Time for exercising options: general

             1. 30. (1) The scheme must ensure that share options granted under...

          5. Requirement to have a “specified age”

             1. 31. (1) The scheme must specify the age that is to...

          6. Exercise of options: death

             1. 32. The scheme must provide that, if a participant dies before...

          7. Exercise of options: reaching specified age without retiring

             1. 33. (1) The scheme must provide that, if a participant (“P”)...

          8. Exercise of options: scheme-related employment ends

             1. 34. (1) The scheme must provide that, if a participant (“P”)...

          9. Time when scheme-related employment ends

             1. 35. (1) This paragraph applies for the purposes of paragraph 34...

          10. Exercise of options: employment in associated company at bonus date

              1. 36. The scheme may provide that if at the bonus date...

          11. Exercise of options: company events

              1. 37. (1) The scheme may provide that share options relating to...

       7. Part 7 Exchange of share options

          1. Exchange of options on company reorganisation

             1. 38. (1) An SAYE option scheme may provide that if—

          2. Requirements about share options granted in exchange

             1. 39. (1) This paragraph applies to a scheme that makes provision...

       8. PART 8 Notification of schemes, annual returns and enquiries

          1. 40A. Notice of scheme to be given to HMRC

          2. 40B. Annual returns

          3. 40C. (1) This paragraph applies if the scheme organiser fails to...

          4. 40D. Notices and returns to be given electronically etc

          5. 40E. (1) This paragraph applies if a return under paragraph 40B,...

          6. 40F. Enquiries

          7. 40G. (1) An enquiry under paragraph 40F(2), (3) or (5) is...

          8. 40H. (1) This paragraph applies if HMRC decide—

          9. 40I. (1) This paragraph applies if HMRC decide—

          10. 40J. Assessment of penalties

          11. 40K. Appeals

       9. Part 9 Supplementary provisions

          1. Power to require information

             1. 45. (1) An officer of Revenue and Customs may by notice...

          2. Jointly owned companies

             1. 46. (1) This paragraph applies for the purposes of the provisions...

          3. Meaning of “associated company”

             1. 47. (1) For the purposes of the SAYE code, except in...

          4. Non-UK company reorganisation arrangements

             1. 47A. (1) For the purposes of the SAYE code a “non-UK...

          5. Minor definitions

             1. 48. (1) In the SAYE code— “ certified SAYE savings arrangement...

          6. Index of defined expressions

             1. 49. In the SAYE code the following expressions are defined or...

    4. SCHEDULE 4

       Approved CSOP schemes

       1. Part 1 Introduction

          1. Introduction to Schedule 4 CSOP schemes

             1. 1. (A1) For the purposes of the CSOP code a CSOP...

          2. CSOP schemes

             1. 2. (1) In the CSOP code a “CSOP scheme” means (in...

          3. Group schemes

             1. 3. (1) A CSOP scheme established by a company that controls...

       2. Part 2 General requirements for approval

          1. General requirements ...: introduction

             1. 4. A CSOP scheme must meet the requirements of— paragraph 5...

          2. General restriction on contents of scheme

             1. 5. (1) The purpose of the scheme must be to provide,...

          3. Limit on value of shares subject to options

             1. 6. (1) The scheme must provide that an individual may not...

       3. Part 3 Eligibility of individuals to participate in scheme

          1. Requirements relating to the eligibility of individuals: introduction

             1. 7. A CSOP scheme must meet the requirements of— paragraph 8...

          2. The employment requirement

             1. 8. (1) The scheme must ensure that an individual is not...

          3. The “no material interest” requirement

             1. 9. (1) The scheme must ensure that an individual is not...

          4. Meaning of “material interest”

             1. 10. (1) In paragraph 9 (the “no material interest” requirement) references...

          5. Material interest: options and interests in SIPs

             1. 11. (1) For the purposes of paragraph 10 (meaning of “material...

          6. Meaning of “associate”

             1. 12. (1) In paragraph 9(2) (the “no material interest” requirement) “associate”,...

          7. Meaning of “associate”: trustees of employee benefit trust

             1. 13. (1) This paragraph applies for the purposes of paragraph 12(1)(c)...

          8. Meaning of “associate”: trustees of discretionary trust

             1. 14. (1) This paragraph applies for the purposes of paragraph 12(1)(c)...

       4. Part 4 Shares to which schemes can apply

          1. Requirements relating to shares that may be subject to share options: introduction

             1. 15. (1) A CSOP scheme must meet the requirements of— paragraph...

          2. Shares must be ordinary shares of certain companies

             1. 16. Eligible shares must form part of the ordinary share capital...

          3. Requirements as to listing

             1. 17. (1) Eligible shares must be — (a) shares of a...

          4. Shares must be fully paid up and not redeemable

             1. 18. Eligible shares must be— (a) fully paid up, and

          5. Only certain kinds of restriction allowed

             1. 19. (1) Eligible shares must not be subject to any restrictions...

          6. Requirements as to other shareholdings

             1. 20. (1) The majority of the issued shares of the same...

       5. Part 5 Requirements etc. relating to share options

          1. Requirements etc. relating to share options: introduction

             1. 21. (1) A CSOP scheme must meet the requirements of— paragraph...

          2. General requirements as to terms of option

             1. 21A. (1) The following terms of a share option which is...

          3. Requirements as to price for acquisition of shares

             1. 22. (1) The price at which shares may be acquired by...

          4. Share options must not be transferable

             1. 23. (1) The scheme must ensure that share options granted to...

          5. Exercise of options: ceasing to be director or employee

             1. 24. (1) The scheme may provide that an individual may exercise...

          6. Exercise of options: death

             1. 25. (1) The scheme may provide that, if a participant dies...

          7. Exercise of options: company events

             1. 25A. (1) The scheme may provide that share options relating to...

       6. Part 6 Exchange of share options

          1. Exchange of options on company reorganisation

             1. 26. (1) A CSOP scheme may provide that if—

          2. Requirements about share options granted in exchange

             1. 27. (1) This paragraph applies to a scheme that makes provision...

       7. PART 7 Notification of schemes, annual returns and enquiries

          1. Notice of scheme to be given to HMRC

             1. 28A. (1) For a CSOP scheme to be a Schedule 4...

          2. Annual returns

             1. 28B. (1) This paragraph applies if notice is given in relation...

             2. 28C. (1) This paragraph applies if the scheme organiser fails to...

          3. Notices and returns to be given electronically etc

             1. 28D. (1) A notice under paragraph 28A, and any information accompanying...

             2. 28E. (1) This paragraph applies if a return under paragraph 28B,...

          4. Enquiries

             1. 28F. (1) This paragraph applies if notice is given in relation...

             2. 28G. (1) An enquiry under paragraph 28F(2), (3) or (5) is...

             3. 28H. (1) This paragraph applies if HMRC decide—

             4. 28I. (1) This paragraph applies if HMRC decide—

          5. Assessment of penalties

             1. 28J. (1) This paragraph applies if the scheme organiser is liable...

          6. Appeals

             1. 28K. (A1) The scheme organiser may appeal against a decision of...

       8. Part 8 Supplementary provisions

          1. Power to require information

             1. 33. (1) An officer of Revenue and Customs may by notice...

          2. Jointly owned companies

             1. 34. (1) This paragraph applies for the purposes of the provisions...

          3. Meaning of “associated company”

             1. 35. (1) For the purposes of the CSOP code one company...

          4. Non-UK company reorganisation arrangements

             1. 35ZA. (1) For the purposes of the CSOP code a “non-UK...

          5. Retirement age

             1. 35A. A retirement age specified in a CSOP scheme—

          6. Minor definitions

             1. 36. (1) In the CSOP code— “company” means a body corporate;...

          7. Index of defined expressions

             1. 37. In the CSOP code the following expressions are defined or...

    5. SCHEDULE 5

       Enterprise management incentives

       1. Part 1 Introduction

          1. Enterprise management incentives: qualifying options

             1. 1. (1) This Schedule makes provision for establishing what is a...

          2. Meaning of “the relevant company” and “the employer company”

             1. 2. In the EMI code, in relation to a share option—...

       2. Part 2 General requirements

          1. General requirements: introduction

             1. 3. A share option is not a qualifying option unless the...

          2. Purpose of granting the option

             1. 4. To be a qualifying option a share option must be...

          3. Maximum entitlement of employee: financial limit on unexercised options

             1. 5. (1) An employee may not hold unexercised qualifying options which—...

          4. Maximum entitlement of employee: further limit of 3 years

             1. 6. (1) Sub-paragraph (2) applies if an employee (“E”) has already...

          5. Maximum value of options in respect of relevant company’s shares

             1. 7. (1) The total value of shares in the relevant company...

       3. Part 3 Qualifying companies

          1. Qualifying companies: introduction

             1. 8. A “qualifying company” is a company in relation to which...

          2. The independence requirement

             1. 9. (1) The independence requirement consists of two conditions.

          3. The qualifying subsidiaries requirement

             1. 10. (1) A company that has one or more subsidiaries is...

          4. Meaning of “qualifying subsidiary”

             1. 11. (1) A company (“the subsidiary”) is a qualifying subsidiary of...

          5. The property managing subsidiaries requirement

             1. 11A. (1) A company is not a qualifying company if it...

          6. Meaning of “qualifying 90% subsidiary”

             1. 11B. (1) A company (“the subsidiary”) is a qualifying 90% subsidiary...

          7. The gross assets requirement

             1. 12. (1) The gross assets requirement in the case of a...

          8. The number of employees requirement

             1. 12A. (1) The number of employees requirement in the case of...

          9. The trading activities requirement: single company

             1. 13. (1) The trading activities requirement in the case of a...

          10. The trading activities requirement: parent company

              1. 14. (1) The trading activities requirement in the case of a...

          11. The UK permanent establishment requirement

              1. 14A. (1) The UK permanent establishment requirement is met if condition...

          12. Meaning of “qualifying trade”

              1. 15. (1) A trade is a qualifying trade if—

          13. Excluded activities

              1. 16. The following are excluded activities— (a) dealing in land, in...

          14. Excluded activities: wholesale and retail distribution

              1. 17. (1) This paragraph supplements paragraph 16(b). (2) A trade of...

          15. Excluded activities: leasing of certain ships

              1. 18. (1) This paragraph supplements paragraph 16(d) so far as it...

          16. Excluded activities: receipt of royalties or licence fees

              1. 19. (1) This paragraph supplements paragraph 16(e) (receipt of royalties or...

          17. Excluded activities: property development

              1. 20. (1) This paragraph supplements paragraph 16(g). (2) “Property development” means...

          18. Excluded activities: shipbuilding

              1. 20A. In paragraph 16(ia) “ shipbuilding ” has the same meaning...

          19. Excluded activities: producing coal

              1. 20B. (1) This paragraph supplements paragraph 16(ib). (2) “ Coal ”...

          20. Excluded activities: producing steel

              1. 20C. In paragraph 16(ic) “ steel ” means any of the...

          21. Excluded activities: hotels and comparable establishments

              1. 21. (1) This paragraph supplements paragraph 16(j). (2) A “comparable establishment”...

          22. Excluded activities: nursing homes and residential care homes

              1. 22. (1) This paragraph supplements paragraph 16(k). (2) “Nursing home” means...

          23. Excluded activities: provision of facilities for another business

              1. 23. (1) This paragraph applies where a company (“the service provider”)...

       4. Part 4 Eligible employees

          1. Eligible employees: introduction

             1. 24. An individual is an “eligible employee” in relation to the...

          2. The employment requirement

             1. 25. To be an eligible employee in relation to the relevant...

          3. The requirement as to commitment of working time

             1. 26. (1) For an individual (“the employee”) to be an eligible...

          4. Meaning of “working time”

             1. 27. (1) In paragraph 26 “working time” means—

          5. The “no material interest” requirement

             1. 28. (1) An individual is not an eligible employee in relation...

          6. Meaning of “material interest”

             1. 29. (1) In paragraph 28 (the “no material interest” requirement) references...

          7. Material interest: options and interests in SIPs

             1. 30. (1) This paragraph applies for the purposes of paragraph 29...

          8. Meaning of “associate”

             1. 31. (1) In paragraph 28(2) (the “no material interest” requirement) “associate”,...

          9. Meaning of “associate”: trustees of employee benefit trust

             1. 32. (1) This paragraph applies for the purposes of paragraph 31(1)(c)...

          10. Meaning of “associate”: trustees of discretionary trust

              1. 33. (1) This paragraph applies for the purposes of paragraph 31(1)(c)...

       5. Part 5 Requirements relating to options

          1. Requirements relating to options: introduction

             1. 34. A share option is not a qualifying option unless the...

          2. Type of shares that may be acquired

             1. 35. (1) The option must confer a right to acquire shares...

          3. Option to be capable of exercise within 10 years

             1. 36. (1) The option must be capable of being exercised within...

          4. Terms of option to be agreed in writing

             1. 37. (1) The option must take the form of a written...

          5. Non-assignability of rights

             1. 38. The terms on which the option is granted—

       6. Part 6 Company reorganisations

          1. Company reorganisations: introduction

             1. 39. (1) This Part applies in connection with company reorganisations.

          2. Meaning of “qualifying exchange of shares”

             1. 40. (1) For the purposes of the EMI code there is...

          3. Grant of replacement option

             1. 41. (1) This paragraph applies if both of the following conditions...

          4. Period within which replacement option must be granted

             1. 42. (1) To qualify as a replacement option the new option...

          5. Further requirements to be met as to replacement option

             1. 43. (1) For the new option to qualify as a replacement...

       7. Part 7 Notification of option to inland revenue

          1. Notice of option to be given to Inland Revenue

             1. 44. (1) For a share option to be a qualifying option,...

          2. Correction of notice by Inland Revenue

             1. 45. (1) An officer of Revenue and Customs may amend a...

          3. Notice of enquiry

             1. 46. (1) This paragraph applies where notice of a share option...

          4. Completion of enquiry: closure notices

             1. 47. (1) An enquiry under paragraph 46(2) is completed when an...

          5. Completion of enquiry: application for closure notice to be given

             1. 48. (1) An application may be made to the tribunal under...

          6. Effect of enquiry

             1. 49. (1) If an officer of Revenue and Customs does not...

          7. Appeals

             1. 50. (1) The employer company may appeal against a decision of...

       8. Part 8 Supplementary provisions

          1. Power to require information

             1. 51. (1) An officer of Revenue and Customs may by notice...

          2. Annual returns

             1. 52. (1) This paragraph applies in relation to a company whose...

             2. 52A. (1) A return under paragraph 52, and any information accompanying...

          3. Compliance with time limits

             1. 53. (1) For the purposes of this Part and Part 7...

          4. Power to amend by Treasury order

             1. 54. (1) The Treasury may by order amend the EMI code—...

          5. Meaning of “market value” of shares

             1. 55. (1) For the purposes of the EMI code the “market...

          6. Determination of market value of shares

             1. 56. (1) This paragraph applies to the determination of the market...

          7. Appeal against determination of market value of shares

             1. 57. (1) The employer company may appeal against any determination by...

          8. Penalties

             1. 57A. A company is liable for a penalty of £500 if...

             2. 57B. (1) This paragraph applies if a company fails to give...

             3. 57C. (1) This paragraph applies if a return under paragraph 52,...

             4. 57D. (1) This paragraph applies if a company is liable for...

             5. 57E. (1) A company may appeal against a decision of HMRC...

          9. Minor definitions

             1. 58. In the EMI code— “arrangements” includes any scheme, agreement or...

          10. Index of defined expressions

              1. 59. In the EMI code the following expressions are defined or...

    6. SCHEDULE 6

       Consequential Amendments

       1. Part 1 Income and Corporation Taxes Act 1988

          1. 1. The Income and Corporation Taxes Act 1988 (c. 1) is...

          2. 2. . . . . . . . . . ....

          3. 3. In section 4(1) (construction of references in Income Tax Acts...

          4. 4. . . . . . . . . . ....

          5. 5. . . . . . . . . . ....

          6. 6. Omit section 19 (Schedule E).

          7. 7. In section 21A(2) (computation of amount chargeable)—

          8. 8. Omit section 58 (foreign pensions).

          9. 9. . . . . . . . . . ....

          10. 10. . . . . . . . . . ....

          11. 11. . . . . . . . . . ....

          12. 12. . . . . . . . . . ....

          13. 13. . . . . . . . . . ....

          14. 14. Omit sections 131 to 134 (miscellaneous provisions relating to the...

          15. 15. Omit sections 135 to 137 (provisions relating to gains by...

          16. 16. (1) Amend section 138 (share acquisitions by directors and employees)...

          17. 17. Omit section 140 (further interpretation of sections 135 to 139)....

          18. 18. Omit sections 140A to 140H (further provisions relating to share...

          19. 19. Omit sections 141 to 144 (vouchers and credit-tokens).

          20. 20. Omit section 144A (payments received free of tax).

          21. 21. Omit sections 145 to 147 (living accommodation).

          22. 22. Omit sections 148 to 151A (payments on retirement, sick pay...

          23. 23. . . . . . . . . . ....

          24. 24. Omit sections 153 to 159AC and sections 160 to 168G...

          25. 25. Omit section 185 (approved share option schemes).

          26. 26. (1) Amend section 186 (approved profit sharing schemes) as follows....

          27. 27. In section 187 (interpretation of sections 185 and 186 and...

          28. 28. Omit the following provisions (which give relief from income tax...

          29. 29. Omit sections 202A and 202B (assessment on receipts basis).

          30. 30. Omit sections 203 to 204 (pay as you earn).

          31. 31. Omit sections 205 and 206 (assessments).

          32. 32. Omit section 206A (PAYE settlement agreements).

          33. 33. Omit section 207 (disputes as to domicile or ordinary residence)....

          34. 34. . . . . . . . . . ....

          35. 35. . . . . . . . . . ....

          36. 36. After section 266 insert— Life assurance premiums paid by employer...

          37. 37. . . . . . . . . . ....

          38. 38. . . . . . . . . . ....

          39. 39. Omit section 313 (taxation of consideration for certain restrictive undertakings)....

          40. 40. . . . . . . . . . ....

          41. 41. Omit sections 315 to 318 (pensions etc. paid in respect...

          42. 42. Omit section 319 (crown servants: foreign service allowance).

          43. 43. Omit section 321 (consuls and other official agents).

          44. 44. . . . . . . . . . ....

          45. 45. . . . . . . . . . ....

          46. 46. Omit section 330 (compensation for National-Socialist persecution).

          47. 47. (1) Amend section 332 (expenditure and houses of ministers of...

          48. 48. . . . . . . . . . ....

          49. 49. . . . . . . . . . ....

          50. 50. . . . . . . . . . ....

          51. 51. . . . . . . . . . ....

          52. 52. In section 376(2) (qualifying borrowers and qualifying lenders) for the...

          53. 53. . . . . . . . . . ....

          54. 54. . . . . . . . . . ....

          55. 55. . . . . . . . . . ....

          56. 56. . . . . . . . . . ....

          57. 57. . . . . . . . . . ....

          58. 58. . . . . . . . . . ....

          59. 59. . . . . . . . . . ....

          60. 60. . . . . . . . . . ....

          61. 61. . . . . . . . . . ....

          62. 62. . . . . . . . . . ....

          63. 63. . . . . . . . . . ....

          64. 64. . . . . . . . . . ....

          65. 65. . . . . . . . . . ....

          66. 66. . . . . . . . . . ....

          67. 67. . . . . . . . . . ....

          68. 68. Omit section 589 (qualifying courses of training etc.).

          69. 69. . . . . . . . . . ....

          70. 70. . . . . . . . . . ....

          71. 71. In section 591D (provisions supplementary to section 591C) omit subsection...

          72. 72. . . . . . . . . . ....

          73. 73. . . . . . . . . . ....

          74. 74. Omit sections 595 and 596 (payments by employer to retirement...

          75. 75. Omit sections 596A to 596C (benefits under non-approved retirement benefits...

          76. 76. Omit section 597 (charge to tax: pensions).

          77. 77. In section 599A (charge to tax: payments out of surplus...

          78. 78. Omit section 600 (charge to tax: unauthorised payments to or...

          79. 79. . . . . . . . . . ....

          80. 80. (1) . . . . . . . . ....

          81. 81. In section 608 (charge to tax on annuities paid out...

          82. 82. . . . . . . . . . ....

          83. 83. In section 613 (Parliamentary pension funds) omit subsections (1) to...

          84. 84. In section 614(3) (exemptions and reliefs in respect of income...

          85. 85. In section 615 (exemption from tax in respect of certain...

          86. 86. Omit section 616 (other overseas pensions).

          87. 87. . . . . . . . . . ....

          88. 88. Omit section 617A (tax credits under Part 1 of Tax...

          89. 89. . . . . . . . . . ....

          90. 90. . . . . . . . . . ....

          91. 91. (1) Section 643 (employer’s contributions and personal pension income etc.)...

          92. 92. . . . . . . . . . ....

          93. 93. . . . . . . . . . ....

          94. 94. . . . . . . . . . ....

          95. 95. . . . . . . . . . ....

          96. 96. Omit sections 647 to 648A (personal pensions: unauthorised payments, contributions...

          97. 97. . . . . . . . . . ....

          98. 98. . . . . . . . . . ....

          99. 99. . . . . . . . . . ....

          100. 100. . . . . . . . . . ....

          101. 101. . . . . . . . . . ....

          102. 102. . . . . . . . . . ....

          103. 103. . . . . . . . . . ....

          104. 104. In section 824(4A) (repayment supplement: individuals and others) for “section...

          105. 105. . . . . . . . . . ....

          106. 106. In section 830 (territorial sea and designated areas) omit subsection...

          107. 107. In section 831(3) (interpretation of ICTA) before the entry relating...

          108. 108. . . . . . . . . . ....

          109. 109. . . . . . . . . . ....

          110. 110. Omit Schedules 6 and 6A (taxation of directors and others:...

          111. 111. Omit Schedules 7 and 7A (taxation of benefit of loans)....

          112. 112. (1) Amend Schedule 9 (approved share option schemes and profit...

          113. 113. (1) Amend Schedule 10 (further provisions relating to profit sharing...

          114. 114. Omit Schedule 11 (payments and other benefits in connection with...

          115. 115. Omit Schedule 11A (removal benefits and expenses).

          116. 116. Omit Schedule 12 (foreign earnings).

          117. 117. Omit Schedule 12AA (mileage allowances).

          118. 118. Omit Schedule 12A (ordinary commuting and private travel).

          119. 119. In Schedule 14 (modification of section 266 in certain cases),...

          120. 120. . . . . . . . . . ....

          121. 121. . . . . . . . . . ....

       2. Part 2 Other enactments

          1. Finance Act 1969 (c. 32)

             1. 122. (1) Section 58 of the Finance Act 1969 (disclosure of...

          2. Taxes Management Act 1970 (c. 9)

             1. 123. The Taxes Management Act 1970 is amended as follows.

             2. 124. In section 7(4) and (5) (notice of liability to income...

             3. 125. (1) Amend section 9 (returns to include self-assessment) as follows....

             4. 126. (1) Amend section 15 (return of employee’s emoluments etc.) as...

             5. 127. For section 16A substitute— Agency workers (1) This section applies where— (a) any services which an...

             6. 128. In section 42(3) (procedure for making claims etc.) for “section...

             7. 129. . . . . . . . . . ....

             8. 130. In section 59A (payments on account of income tax)—

             9. 131. (1) Amend section 59B (payment of income tax and capital...

             10. 132. In section 62(1A)(a) (priority of claim for tax)—

             11. 133. In section 63(3)(a) (recovery of tax in Scotland) for “section...

             12. 134. In section 64(1A)(a) (priority of claim for tax in Scotland)—...

             13. 135. (1) Amend section 70 (evidence) as follows.

             14. 136. In section 91(3)(c) (effect on interest of reliefs) for “section...

             15. 137. (1) Amend the Table in section 98 (special returns, etc.)...

             16. 138. In section 98A(1) (special penalties in the case of certain...

             17. 139. In section 118 (interpretation) after the entry relating to “inspector”...

             18. 140. In section 119(4) (construction of the Act) after “1992 Act”...

             19. 141. In paragraph 4(1A) of Schedule 1A (claims etc. not included...

             20. 142. . . . . . . . . . ....

             21. 143. In Schedule 3A (electronic lodgement of tax returns etc.) in...

          3. Finance Act 1973 (c. 51)

             1. 144. . . . . . . . . . ....

             2. 145. . . . . . . . . . ....

             3. 146. . . . . . . . . . ....

          4. Finance Act 1974 (c. 30)

             1. 147. . . . . . . . . . ....

          5. Interpretation Act 1978 (c. 30)

             1. 148. In Schedule 1 to the Interpretation Act 1978 (words and...

          6. Education (Scotland) Act 1980 (c. 44)

             1. 149. In section 73B of the Education (Scotland) Act 1980 (grants...

          7. Inheritance Tax Act 1984 (c. 51)

             1. 150. The Inheritance Tax Act 1984 is amended as follows.

             2. 151. (1) Amend the following provisions as provided in sub-paragraph (2)—...

             3. 152. In section 14(1) (waiver of remuneration), for “would be assessable...

          8. Bankruptcy (Scotland) Act 1985 (c. 66)

             1. 153. In paragraph 1(1) of Schedule 3 to the Bankruptcy (Scotland)...

          9. Insolvency Act 1986 (c. 45)

             1. 154. In paragraph 1 of Schedule 6 to the Insolvency Act...

          10. Finance Act 1988 (c. 39)

              1. 155. (1) Section 73 of the Finance Act 1988 (consideration for...

          11. Finance Act 1989 (c. 26)

              1. 156. The Finance Act 1989 is amended as follows.

              2. 157. For section 43 substitute— Schedule D: computation (1) In calculating profits or gains of a trade to...

              3. 158. For section 44 substitute— Investment and insurance companies: computation (1) In calculating the profits of an investment company for...

              4. 159. In section 53(2)(f) (amendments consequential on the substitution of a...

              5. 160. (1) Amend section 69 (chargeable events in relation to employee...

              6. 161. . . . . . . . . . ....

              7. 162. In section 178(2) (setting of rates of interest)—

              8. 163. (1) Amend Schedule 5 (employee share ownership trusts) as follows....

          12. Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

              1. 164. In paragraph 1 of Schedule 4 to the Insolvency (Northern...

          13. Finance Act 1990 (c. 29)

              1. 165. The Finance Act 1990 is amended as follows.

              2. 166. . . . . . . . . . ....

              3. 167. (1) Amend paragraph 4 of Schedule 14 (amendments of sections...

          14. Finance Act 1991 (c. 31)

              1. 168. (1) Amend section 38 of the Finance Act 1991 (employee...

          15. Social Security Contributions and Benefits Act 1992 (c. 4)

              1. 169. The Social Security Contributions and Benefits Act 1992 is amended...

              2. 170. In section 1 (outline of contributory system), in subsection (2)(bb)...

              3. 171. In section 2 (categories of earners), in subsection (1)(a) for...

              4. 172. (1) Amend section 4 (payments treated as remuneration and earnings)...

              5. 173. In section 7(1)(b) (meaning of “secondary contributor”) for “emoluments” in...

              6. 174. (1) Amend section 10 (Class 1A National Insurance contributions: benefits...

              7. 175. (1) Amend section 10ZA (liability of third party provider of...

              8. 176. (1) Amend section 10ZB (non-cash vouchers provided by third parties)...

              9. 177. (1) Amend section 10A (Class 1B National Insurance contributions) as...

              10. 178. (1) Amend section 122(1) (interpretation of Parts 1 to 6...

              11. 179. In section 126(5)(a)(ii) (trade disputes) for “emoluments in pursuance of...

              12. 180. (1) Amend section 150(2) (interpretation of Part 10) as follows....

              13. 181. In section 163(1) (interpretation of Part 11), in paragraph (a)...

              14. 182. In section 171(1) (interpretation of Part 12), in paragraph (a)...

              15. 183. In section 171ZJ(2)(a) (Part 12ZA: supplementary) for “emoluments chargeable to...

              16. 184. In section 171ZS(2)(a) (Part 12ZB: supplementary) for “emoluments chargeable to...

              17. 185. In Schedule 1 (supplementary provisions relating to contributions of Classes...

          16. Social Security Administration Act 1992 (c. 5)

              1. 186. The Social Security Administration Act 1992 is amended as follows....

              2. 187. (1) Amend section 139(11) (definitions used in provisions relating to...

              3. 188. (1) Amend section 159B(6) (effect of alterations affecting state pension...

              4. 189. (1) Amend section 162(5) (destination of national insurance contributions) as...

          17. Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

              1. 190. The Social Security Contributions and Benefits (Northern Ireland) Act 1992...

              2. 191. In section 1 (outline of contributory system), in subsection (2)(bb)...

              3. 192. In section 2 (categories of earners), in subsection (1)(a) for...

              4. 193. (1) Amend section 4 (payments treated as remuneration and earnings)...

              5. 194. In section 7(1)(b) (meaning of “secondary contributor”) for “emoluments” in...

              6. 195. (1) Amend section 10 (Class 1A National Insurance contributions: benefits...

              7. 196. (1) Amend section 10ZA (liability of third party provider of...

              8. 197. (1) Amend section 10ZB (non-cash vouchers provided by third parties)...

              9. 198. (1) Amend section 10A (Class 1B National Insurance contributions) as...

              10. 199. (1) Amend section 121(1) (interpretation of Parts 1 to 6...

              11. 200. In section 125(5)(a)(ii) (trade disputes) for “emoluments in pursuance of...

              12. 201. (1) Amend section 146(2) (interpretation of Part 10) as follows....

              13. 202. In section 159(1) (interpretation of Part 11), in paragraph (a)...

              14. 203. In section 167(1) (interpretation of Part 12), in paragraph (a)...

              15. 204. In Schedule 1 (supplementary provisions relating to contributions of Classes...

          18. Social Security Administration (Northern Ireland) Act 1992 (c. 8)

              1. 205. (1) Section 139B(6) of the Social Security Administration (Northern Ireland)...

              2. 206. In section 142(5) of that Act (destination of national insurance...

          19. Taxation of Chargeable Gains Act 1992 (c. 12)

              1. 207. The Taxation of Chargeable Gains Act 1992 is amended as...

              2. 208. . . . . . . . . . ....

              3. 209. In section 11(1) (visiting forces, agents-general etc.)—

              4. 210. (1) Amend section 120 (increased expenditure by reference to tax...

              5. 211. (1) Amend section 149B (employee incentive schemes: conditional interests in...

              6. 212. After section 149B insert— Priority share allocations Section 17(1) shall not apply to an acquisition of shares...

              7. 213. In section 222(8D)(b) (relief on disposal of private residence), for...

              8. 214. In section 236A (employee share ownership plans), and in the...

              9. 215. In section 238(2)(a) (approved profit sharing and share option schemes),...

              10. 216. After section 238 insert— Approved share schemes and share incentives...

              11. 217. After section 263 insert— Former employees: employment-related liabilities (1) This section applies if— (a) a deduction of the...

              12. 218. In section 271 (other miscellaneous exemptions), for subsection (1)(c) substitute—...

              13. 219. (1) Amend section 288(1) (interpretation) as follows.

              14. 220. (1) Amend Schedule 7C (relief for transfers to approved share...

              15. 221. After Schedule 7C insert— SCHEDULE 7D Approved share schemes and...

          20. Pension Schemes Act 1993 (c. 48)

              1. 222. In section 181(1) of the Pension Schemes Act 1993 (general...

          21. Pension Schemes (Northern Ireland) Act 1993 (c. 49)

              1. 223. In section 176(1) of the Pension Schemes (Northern Ireland) Act...

          22. Finance Act 1994 (c. 9)

              1. 224. (1) In the Finance Act 1994, paragraph 27 of Schedule...

          23. Finance Act 1995 (c. 4)

              1. 225. The Finance Act 1995 is amended as follows.

              2. 226. . . . . . . . . . ....

              3. 227. In section 137(7) (part-time workers: miscellaneous provisions) for “Subsections (2)...

          24. Jobseekers Act 1995 (c. 18)

              1. 228. The Jobseekers Act 1995 is amended as follows.

              2. 229. In section 15(2)(c)(i) (effect on other claimants) for “emoluments in...

              3. 230. In section 26(3) (the back to work bonus) for the...

          25. Child Support Act 1995 (c. 34)

              1. 231. For section 10(4) of the Child Support Act 1995 (child...

          26. Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

              1. 232. For Article 4(4) of the Child Support (Northern Ireland) Order...

          27. Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

              1. 233. The Jobseekers (Northern Ireland) Order 1995 is amended as follows....

              2. 234. In Article 17(2)(c)(i) (effect on other claimants) for “emoluments in...

              3. 235. In Article 28(3) (the back to work bonus) for the...

          28. Teaching and Higher Education Act 1998 (c. 30)

              1. 236. In section 22 of the Teaching and Higher Education Act...

          29. Scotland Act 1998 (c. 46)

              1. 237. In section 79(3) of the Scotland Act 1998 (supplemental powers...

          30. Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14))

              1. 238. In Article 3 of the Education (Student Support) (Northern Ireland)...

          31. Tax Credits Act 1999 (c. 10)

              1. 239. The Tax Credits Act 1999 is amended as follows.

              2. 240. In section 6(1) (payment of tax credit by employers etc.)...

              3. 241. In paragraph 10(1) of Schedule 2 (transfer of functions), in...

          32. Finance Act 2000 (c. 17)

              1. 242. The Finance Act 2000 is amended as follows.

              2. 243. (1) Amend section 38 (payroll deduction scheme) as follows.

              3. 244. . . . . . . . . . ....

              4. 245. . . . . . . . . . ....

          33. Capital Allowances Act 2001 (c. 2)

              1. 246. The Capital Allowances Act 2001 is amended as follows.

              2. 247. (1) Amend section 4 (capital expenditure) as follows.

              3. 248. (1) Amend section 20 (employments and offices) as follows.

              4. 249. In section 61(2) (disposal events and disposal values), in entry...

              5. 250. In section 63(1) (cases in which disposal value is nil)...

              6. 251. In section 72(3) (disposal values), in entry 2(b) of the...

              7. 252. In section 88(c) (sales at under-value) for “Schedule E” substitute...

              8. 253. In section 262 (employments and offices)— (a) in paragraph (a)...

              9. 254. In section 423(1) (disposal value for sections 421 and 422),...

              10. 255. At the end of Part 1 of Schedule 1 (abbreviations)...

              11. 256. . . . . . . . . . ....

          34. Finance Act 2001 (c. 9)

              1. 257. For section 95 of the Finance Act 2001 (exemptions in...

              2. 258. . . . . . . . . . ....

          35. Social Security Contributions (Share Options) Act 2001 (c. 20)

              1. 259. The Social Security Contributions (Share Options) Act 2001 is amended...

              2. 260. In section 2(3)(b) (effect of notice under section 1) for...

              3. 261. (1) Amend section 3 (special provision for roll-overs) as follows....

              4. 262. In section 5(2)(c) (interpretation)— (a) for “subsection (8) of section...

          36. State Pension Credit Act 2002 (c. 16)

              1. 263. (1) Section 17(1) of the State Pension Credit Act 2002...

          37. Tax Credits Act 2002 (c. 21)

              1. 264. The Tax Credits Act 2002 is amended as follows.

              2. 265. (1) Amend section 25 (payments of working tax credit by...

              3. 266. In section 29(5) (recovery of overpayments) for “regulations under section...

          38. State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

              1. 267. (1) Section 17(1) of the State Pension Credit Act (Northern...

          39. Certain corresponding Northern Ireland provision

              1. 268. (1) This paragraph applies if provision is made for Northern...

              2. 269. (1) This paragraph applies if provision is made for Northern...

    7. SCHEDULE 7

       Transitionals and savings

       1. Part 1 Continuity of the law

          1. 1. The repeal of provisions and their enactment in a rewritten...

          2. 2. Paragraph 1 does not apply to any change in the...

          3. 3. Any subordinate legislation or other thing which—

          4. 4. Any reference (express or implied) in any enactment, instrument or...

          5. 5. Any reference (express or implied) in any enactment, instrument or...

          6. 6. Paragraphs 1 to 5 have effect instead of section 17(2)...

          7. 7. Paragraphs 4 and 5 apply only in so far as...

       2. Part 2 Employment income: charge to tax

          1. Taxable earnings

             1. 8. (1) The charging provisions of Chapters 4 and 5 of...

          2. Relief for delayed remittances

             1. 9. (1) This paragraph applies where one or more of the...

             2. 10. Section 36(2) (the definition of “blocked earnings”) applies in relation...

             3. 11. (1) This paragraph applies where a claimant—

          3. Disputes as to domicile or ordinary residence

             1. 12. (1) Nothing in sections 42 and 43 (disputes as to...

          4. Application of provisions to agency workers

             1. 13. In relation to times before 6th April 2003, Chapter 7...

             2. 14. Section 44(2) does not apply in relation to—

       3. Part 3 Employment income: earnings and benefits etc. treated as earning

          1. ...

             1. 15. . . . . . . . . . ....

             2. 16. . . . . . . . . . ....

          2. Taxable benefits: the benefits code

             1. 17. (1) In relation to times before 6th April 2003, references...

          3. ...

             1. 18. . . . . . . . . . ....

             2. 19. . . . . . . . . . ....

             3. 20. . . . . . . . . . ....

          4. Taxable benefits: living accommodation

             1. 21. (1) Section 107 (special rule for calculating cost of providing...

          5. Taxable benefits: cars, vans and related benefits

             1. 22. (1) In relation to a capital sum contributed by the...

             2. 23. (1) In relation to a capital sum contributed by the...

             3. 24. . . . . . . . . . ....

          6. Taxable benefits: loans

             1. 25. (1) Chapter 7 of Part 3 applies to a loan...

             2. 26. (1) This paragraph relates to the operation of section 183...

             3. 27. (1) Subject to paragraph 25(2), where a loan is made...

          7. Taxable benefits: notional loans in respect of acquisitions of shares

             1. 28. Chapter 8 of Part 3 does not apply in relation...

             2. 29. (1) This paragraph relates to the operation of Chapter 8...

          8. Taxable benefits: disposals of shares for more than market value

             1. 30. . . . . . . . . . ....

             2. 31. . . . . . . . . . ....

          9. Taxable benefits: residual liability to charge

             1. 32. (1) This paragraph applies in relation to Chapter 10 of...

       4. Part 4 Employment income: exemptions

          1. Incidental overnight expenses and benefits

             1. 33. In determining whether section 240(1) or (2) or 268 applies—...

             2. 34. In determining— (a) whether section 141(6C) and (6D), 142(3C) and...

          2. Removal benefits and expenses

             1. 35. (1) Section 287 (limit on exemption for removal benefits and...

             2. 36. A direction under paragraph 6(2) of Schedule 11A to ICTA...

          3. Retraining courses

             1. 37. (1) The repeal of sections 588(5)(a) and 589(3) and (4)...

          4. Suggestion awards

             1. 38. (1) This paragraph applies for the purpose of determining the...

       5. Part 5 Employment income: deductions

          1. Earnings charged on remittance

             1. 39. In relation to expenses incurred before the tax year 2003-04,...

          2. Non-domiciled employee’s travel costs and expenses: “qualifying arrival date”

             1. 40. In relation to any time before 6th April 2003, section...

       6. Part 6 Employment income: income which is not earnings or related to securities

          1. Benefits from non-approved pension schemes

             1. 41. (1) Chapter 2 of Part 6 (benefits from non-approved pension...

          2. Payments and benefits on termination of employment etc.

             1. 42. Section 403 (charge on payment or other benefit) does not...

             2. 43. (1) This paragraph applies for the purpose of determining how...

       7. Part 7 Employment income: income related to securities

          1. Pre-6th April 2003 acquisitions

             1. 43A. (1) This paragraph relates to the operation of section 421E...

          2. Conditional interests in shares

             1. 44. Chapter 2 of Part 7 , as originally enacted, does...

             2. 45. (1) This paragraph relates to the operation of section 425...

             3. 46. (1) This paragraph relates to the operation of section 428...

             4. 47. . . . . . . . . . ....

             5. 48. . . . . . . . . . ....

          3. Convertible shares

             1. 49. Chapter 3 of Part 7 does not apply in relation...

             2. 50. . . . . . . . . . ....

             3. 51. . . . . . . . . . ....

             4. 52. . . . . . . . . . ....

             5. 53. . . . . . . . . . ....

          4. Post-acquisition benefits from shares

             1. 54. Chapter 4 of Part 7, both as originally enacted and...

             2. 55. (1) Chapter 4 of Part 7 , as originally enacted,...

             3. 56. The removal or variation of a restriction applying to shares...

             4. 57. Despite the repeals made by this Act—

             5. 58. (1) This paragraph relates to the operation of section 448...

             6. 59. . . . . . . . . . ....

             7. 60. . . . . . . . . . ....

             8. 61. . . . . . . . . . ....

          5. Securities disposed of for more than market value

             1. 61A. Chapter 3D of Part 7 does not apply in relation...

          6. Share options

             1. 62. . . . . . . . . . ....

             2. 63. (1) This paragraph relates to the operation of section 474...

             3. 64. (1) This paragraph relates to the operation of section 478...

             4. 65. (1) This paragraph relates to the operation of section 478...

             5. 66. . . . . . . . . . ....

             6. 67. . . . . . . . . . ....

          7. Approved share incentive plans

             1. 68. (1) This paragraph applies where, immediately before 6th April 2003,...

             2. 69. (1) Any reference in any enactment, instrument or document—

             3. 70. Nothing in paragraph 91(4) of Schedule 2 to this Act...

          8. Approved SAYE option schemes

             1. 71. (1) This paragraph applies where, immediately before 6th April 2003,...

             2. 72. (1) Any reference in the SAYE code to a share...

          9. Approved CSOP schemes

             1. 73. (1) This paragraph applies where, immediately before 6th April 2003,...

             2. 74. (1) Any reference in the CSOP code to a share...

             3. 75. (1) This paragraph has effect where, immediately before 6th April...

             4. 76. (1) This paragraph applies to any right obtained by an...

          10. Enterprise management incentives

              1. 77. (1) This paragraph applies where, immediately before 6th April 2003,...

              2. 78. (1) In section 535 (disqualifying events relating to employee), subsections...

              3. 79. (1) Section 536 (other disqualifying events) has effect in relation...

              4. 80. (1) Section 537 (alteration of share capital for purposes of...

              5. 81. In a case where the qualifying option was granted before...

              6. 82. (1) This paragraph relates to the operation of section 541(2)...

              7. 83. In Schedule 5 (enterprise management incentives), paragraph 41(6) (like other...

          11. Employee benefit trusts

              1. 84. In relation to times before 6th April 2003, section 549(5)...

       8. Part 8 Approved profit sharing schemes

          1. Trustees' duty to provide information

             1. 85. Any obligation imposed in accordance with paragraph 34(b) of Schedule...

          2. Share incentive plans

             1. 86. (1) Where the trustees of an approved share incentive plan...

          3. Other share schemes: eligibility of individuals and material interests

             1. 87. (1) In applying any of the provisions specified in sub-paragraph...

       9. Part 9 Social security income

          1. Disabled person’s and working families' tax credits

             1. 88. (1) This paragraph applies if, on 6th April 2003, the...

       10. Part 10 PAYE

           1. PAYE regulations

              1. 89. (1) In relation to any time before the commencement of...

       11. Part 11 Consequences for corporation tax

           1. 90. (1) This paragraph applies where— (a) a company is charged...

           2. 91. (1) This paragraph applies in relation to corporation tax charged...

           3. 92. (1) The provisions of this Act mentioned in sub-paragraph (2)...

    8. SCHEDULE 8

       Repeals and revocations

       1. Part 1 Acts of Parliament

       2. Part 2 Subordinate legislation