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Income Tax (Earnings and Pensions) Act 2003

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Notice of enquiryU.K.

46(1)This paragraph applies where notice of a share option is given under paragraph 44.U.K.

(2)[F1An officer of Revenue and Customs] may enquire into the option if [F2the officer] [F3gives] notice to the employer company of [F4the officer's] intention to do so in accordance with this paragraph.

(3)[F1An officer of Revenue and Customs] may enquire into whether the requirement of paragraph 26 (commitment of working time) is met in relation to the option by the individual to whom it has been granted if [F5the officer] [F3gives] that individual notice of [F4the officer's] intention to do so in accordance with this paragraph.

(4)[F1An officer of Revenue and Customs] must give a copy of a notice under sub-paragraph (3) to the employer company.

(5)Unless given by virtue of sub-paragraph (6), a notice of enquiry may not be given more than 12 months after the [F6date] mentioned in paragraph 44(1) (the [F7date by] which a notice under that paragraph must be given).

(6)A notice of enquiry may be given at any time if [F1an officer of Revenue and Customs] [F8discovers] that any of the information provided in or in connection with the notice under paragraph 44 was false or misleading in a material respect.

(7)An option that has been the subject of one notice of enquiry under sub-paragraph (2) or (3) may not be the subject of another notice under that sub-paragraph, unless the notice is given by virtue of sub-paragraph (6).

(8)In this paragraph a “notice of enquiry” means a notice given under sub-paragraph (2) or (3).

Textual Amendments

F6Word in Sch. 5 para. 46(5) substituted (with effect in accordance with s. 13(4) of the amending Act) by Finance Act 2024 (c. 3), s. 13(3)(a)

F7Words in Sch. 5 para. 46(5) substituted (with effect in accordance with s. 13(4) of the amending Act) by Finance Act 2024 (c. 3), s. 13(3)(b)

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