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Income Tax (Earnings and Pensions) Act 2003

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Changes over time for: Cross Heading: Performance allowances: method two

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Income Tax (Earnings and Pensions) Act 2003, Cross Heading: Performance allowances: method two is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Performance allowances: method twoU.K.

42(1)The requirements of this paragraph are those contained in sub-paragraphs (2) and (3).U.K.

(2)In the case of an award in relation to which the plan provides for performance allowances—

(a)some or all of the shares in the award must be awarded by reference to performance, and

(b)the awarding of the shares to qualifying employees who are members of the same performance unit must meet the requirement of paragraph 9 (participation on same terms).

(3)The performance targets set in connection with such an award must be consistent targets (see sub-paragraph (6)).

(4)In determining for the purposes of sub-paragraph (2)(b) whether the requirement of paragraph 9 is met, the free shares awarded in respect of each performance unit are to be treated as a separate award of free shares.

(5)If this method is used, nothing in paragraph 9 requires the awarding of shares to members of different performance units to be on the same terms.

(6)In sub-paragraph (3) “consistent targets” means targets which, at the time when they are set in accordance with the plan, can reasonably be viewed as being comparable in terms of the likelihood of their being met by the performance units to which they apply.

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