http://www.legislation.gov.uk/id/ukpga/2009/4

Part 20General calculation rules

Chapter 1Restriction of deductions

Employee benefit contributions

1290Employee benefit contributions

(1)

This section applies if, in calculating for corporation tax purposes the profits of a company (“the employer”) of a period of account, a deduction would otherwise be allowable for the period in respect of employee benefit contributions made or to be made (but see subsection (4)).

F1(1A)

No deduction is allowed under this section in respect of employee benefit contributions for a period of account which starts more than 5 years after the end of the period of account in which the contributions are made.

(2)

No deduction is allowed for the contributions for the period except so far as—

(a)

qualifying benefits are provided, or qualifying expenses are paid, out of the contributions during the period or within 9 months from the end of it, or

(b)

if the making of the contributions is itself the provision of qualifying benefits, the contributions are made during the period or within 9 months from the end of it.

F2(2A)

Subsection (2) is subject to subsections (1A) and (2B).

(2B)

Where subsection (3C) applies, no deduction is allowed for an amount in respect of the contributions for the period except so far as the amount is a qualifying amount (see subsection (3D)).

(3)

An amount disallowed under subsection (2) is allowed as a deduction for a subsequent period of account so far as—

(a)

qualifying benefits are provided out of the contributions before the end of the subsequent period, or

(b)

if the making of the contributions is itself the provision of qualifying benefits, the contributions are made before the end of the subsequent period.

F3(3A)

Subsection (3) is subject to subsections (1A) and (3B).

(3B)

Where subsection (3C) applies, an amount disallowed under subsection (2) is allowed as a deduction for a subsequent period only so far as it is a qualifying amount.

(3C)

This subsection applies where the provision of qualifying benefits out of, or by way of, the contributions gives rise both to an employment income tax charge and to an NIC charge.

(3D)

An amount in respect of employee benefit contributions is a “qualifying amount” if the relevant tax charges are paid before the end of the relevant period (and are not repaid).

(3E)

For the purposes of subsection (3D)—

(a)

the “relevant tax charges”, in relation to an amount, are the employment income tax charge and the NIC charge arising in respect of benefits which are provided out of, or by way of, that amount, and

(b)

the “relevant period” is the period of 12 months immediately following the end of the period of account for which the deduction for the employee benefit contributions would (apart from this section) be allowable.

(3F)

For the purposes of subsections (3C) and (3E), “employment income tax charge” and “NIC charge” have the meaning given by section 1292(7).

F4(3G)

Subsection (3H) applies where—

(a)

a deduction would, apart from this section, be allowable for an amount (the “remuneration amount”) in respect of employees' remuneration, and

(b)

in consequence of the payment of the employees' remuneration, employee benefit contributions are made, or are to be made, in respect of the remuneration amount.

(3H)

In calculating for corporation tax purposes the profits of a company, the deduction referred to in subsection (3G)(a) is to be treated as a deduction in respect of employee benefit contributions made or to be made (and is to be treated as not being a deduction in respect of employees' remuneration).

(4)

This section does not apply to any deduction that is allowable—

(a)

for anything given as consideration for goods or services provided in the course of a trade or profession,

(b)

for contributions under a registered pension scheme or under a superannuation fund to which section 615(3) of ICTA applies,

(c)

for contributions under a qualifying overseas pension scheme in respect of an individual who is a relevant migrant member of the pension scheme in relation to the contributions,

(d)

for contributions under an accident benefit scheme,

(e)

under Chapter 1 of Part 11 (share incentive plans),

(f)

under section 67 of FA 1989 (qualifying employee share ownership trusts), or

(g)

under Part 12 (other relief for employee share acquisitions).

(5)

For the purposes of subsection (4)(c) “qualifying overseas pension scheme” and “relevant migrant member” have the same meaning as in Schedule 33 to FA 2004 (see paragraphs 4 to 6 of that Schedule).

(6)