SCHEDULE 8
Part XII Corporation tax deductions
Cases in which no deduction is allowed
108
(1)
No deduction is allowed under paragraph 106 or 107 in the following cases.
(2)
No deduction is allowed in respect of shares awarded to an individual who is not a Schedule E taxpayer at the date the shares are awarded to him under the plan.
A “Schedule E taxpayer” means an individual who—
(a)
is chargeable to tax under Schedule E in respect of emoluments from the employment by reference to which he is eligible to participate in the award, or
(b)
would be so chargeable if any such emoluments were remitted to the United Kingdom.
(3)
No deduction is allowed in respect of shares that are liable to depreciate substantially in value for reasons that do not apply generally to shares in the company.
(4)
No deduction is allowed if a deduction has been made—
(a)
by the company, or
(b)
by an associated company of the company,
in respect of the provision of the same shares for this or another trust.
This applies whatever the nature or purpose of the other trust and whatever the basis on which the deduction was made.
(5)
For the purposes of determining whether the same shares have been provided to more than one trust, if shares have been acquired by the trustees of the plan trust on different days it shall be assumed that those acquired on an earlier day are awarded under the plan before those acquired by the trustees on a later day.