Income and Corporation Taxes Act 1988

14 (1) Method B is that the distributable pool is—

(a) if the profit period is the first or only profit period to which the scheme relates, a percentage of a notional pool of an amount specified in the scheme;

(b) in any other case, a percentage of the distributable pool for the previous profit period.

(2) The amount of the notional pool referred to in sub-paragraph (1)above must not be less than 5per cent. of the standard pay of the employment unitF1 .

(3) The percentage referred to in sub-paragraph (1) above must be either—

(a) that arrived at by expressing the profits in the profit period as a percentage of the profits in the preceding period of 12 months; or

(b) the percentage mentioned in paragraph (a) above reduced (if it is more than 100) or increased (if it is less than 100) by a specified fraction of the difference between it and 100;

and the reference in paragraph (b) above to a specified fraction is a reference to a fraction of not more than one half specified in the scheme.

(4) Notwithstanding sub-paragraph (1) above, a scheme employing method B may include provision for disregarding profits in the profit period so far as they exceed 160 per cent. (or such greater percentage as may be specified in the scheme) of the profits in the preceding period of 12 months.

(5) Notwithstanding sub-paragraph (1) above, a scheme employing method B may include provision to the effect that there shall be no distributable pool if the profits in the profit period are less than an amountspecified inF2 , or ascertainable by reference to, the scheme; but that amount [F3 must not exceed the profits in the period of 12 months immediately preceding the first or only profit period to which the scheme relates.]

(6) Where by virtue of a provision of the kind described in sub-paragraph (5) above there is no distributable pool for a profit period, any comparison required in accordance with sub-paragraph (1)(b) to be made with the distributable pool for that period shall be made with what would have been the pool but for sub-paragraph (5).

(7) In this paragraph “standard pay of the employment unit” has the same meaning as it has in paragraph 13aboveF4 .

[F5 (8) Any provision included in a scheme by virtue of sub-paragraph (3)(b), (4) or (5) above may take effect either from the scheme’s first profit period or from any later profit period determined in accordance with the scheme.]

Textual Amendments

F1 Repealed by 1989 ss.61and 187, Schs.4 para.10(1)and 17 Part IV.

F2 Repealed by 1989 ss.61and 187, Schs.4 paras.10(2)(a), 12and 17 Part IV.

F3 1989 s.61and Sch.4 para.10(2)(c).Previously

“must be less than the amount which would produce a distributable pool of 5 per cent. of the standard pay of the employment unit.”.

F4 Repealed by 1989 ss.61and 187, Schs.4 paras.10(2)(a), 12and 17 Part IV.

F5 1989 s.61and Sch.4 para.13.