Modifications etc. (not altering text)
C1 See—1979(C) s.122—election to take capital gain or loss into account when asset appropriated to stock in trade.1989 ss.67-74—employee share ownership trusts.Banking Act 1987 (c.22) s.66—contributions to the Deposit Protection Fund.
Valid from 01/04/2009
Textual Amendments
F1S. 76ZL and cross-heading inserted (1.4.2009 with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), Sch. 1 para. 42 (with Sch. 2 Pts. 1, 2)
(1)This section applies if—
(a)an amount is charged in respect of employees' remuneration in the accounts for a period of a company to which section 76 applies,
(b)the amount would apart from this section be brought into account under section 76 as expenses payable, and
(c)the remuneration is not paid before the end of the period of 9 months immediately following the end of the period of account.
(2)If the remuneration is paid after the end of that period of 9 months, the amount is brought into account for the period of account in which it is paid.
(3)But—
(a)subsection (2) is subject to section 86 of FA 1989 (spreading of relief for acquisition expenses), and
(b)in interpreting that section the remuneration is treated as expenses payable which fall to be included at Step 1 in section 76(7) for the period of account in which the remuneration is paid.
(4)The amount is not brought into account under section 76 as expenses payable if it is not paid.
(1)For the purposes of section 76ZL an amount charged in the accounts in respect of employees' remuneration includes an amount for which provision is made in the accounts with a view to its becoming employees' remuneration.
(2)For the purposes of section 76ZL it does not matter whether an amount is charged for—
(a)particular employments, or
(b)employments generally.
(3)If the profits of the company are calculated before the end of the 9 month period mentioned in section 76ZL(1)(c)—
(a)it must be assumed, in making the calculation, that any remuneration which is unpaid when the calculation is made will not be paid before the end of that period, but
(b)if the remuneration is subsequently paid before the end of that period, nothing in this subsection prevents the calculation being revised and any tax return being amended accordingly.
(4)For the purposes of this section and section 76ZL remuneration is paid when it—
(a)is treated as received by an employee for the purposes of ITEPA 2003 by section 18 or 19 of that Act (receipt of money and non-money earnings), or
(b)would be so treated if it were not exempt income.
(5)In this section and section 76ZL—
“employee” includes an office-holder and “employment” therefore includes an office, and
“remuneration” means an amount which is or is treated as earnings for the purposes of Parts 2 to 7 of ITEPA 2003.]
Textual Amendments
F2S. 76ZM inserted (1.4.2009 with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), Sch. 1 para. 43 (with Sch. 2 Pts. 1, 2)