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Part 11Pay As You Earn

Chapter 4PAYE: special types of income

Supplemental

702Meaning of “readily convertible asset”

(1)In this Chapter “readily convertible asset” means—

(a)an asset capable of being sold or otherwise realised on—

(i)a recognised investment exchange (within the meaning of the Financial Services and Markets Act 2000 (c. 8)),

(ii)the London Bullion Market,

(iii)the New York Stock Exchange, or

(iv)a market for the time being specified in PAYE regulations;

(b)an asset consisting in—

(i)the rights of an assignee, or any other rights, in respect of a money debt that is or may become due to the employer or any other person,

(ii)property that is subject to a warehousing regime, or any right in respect of property so subject, or

(iii)anything that is likely (without anything being done by the employee) to give rise to, or to become, a right enabling a person to obtain an amount or total amount of money which is likely to be similar to the expense incurred in the provision of the asset; or

(c)an asset for which trading arrangements are in existence, or are likely to come into existence in accordance with—

(i)any arrangements of another description existing when the asset is provided, or

(ii)any understanding existing at that time.

(2)For the purposes of this section trading arrangements for any asset provided to any person exist whenever there exist any arrangements the effect of which in relation to that asset is to enable—

(a)that person, or

(b)a member of that person’s family or household,

to obtain an amount or total amount of money that is, or is likely to be, similar to the expense incurred in the provision of that asset.

(3)PAYE regulations may exclude any description of arrangements from being trading arrangements for the purposes of this section.

(4)References in this section to enabling a person to obtain an amount of money are to be read—

(a)as references to enabling an amount to be obtained by that person by any means at all, including in particular—

(i)by using any asset or other property as security for a loan or advance, or

(ii)by using any rights comprised in or attached to any asset or other property to obtain any asset for which trading arrangements exist; and

(b)as including references to cases where a person is enabled to obtain an amount as a member of a class or description of persons, as well as where the person is so enabled in the person’s own right.

(5)For the purposes of this section an amount is similar to the expense incurred in the provision of any asset if it is, or is an amount of money equivalent to—

(a)the amount of the expense so incurred, or

(b)a greater amount, or

(c)an amount that is less than that amount but not substantially so.

(6)In this section—