Valid from 01/04/2009

Part 11 U.K. Relief for particular employee share acquisition schemes

Chapter 1 U.K. Share incentive plans

Deductions relating to payments used to acquire shares U.K.

989 Deduction for contribution to plan trust U.K.

(1) A deduction is allowed to a company (“the paying company”) if—

(a) the paying company makes a payment to the trustees of an approved share incentive plan to enable them to acquire shares in the paying company or a company that controls it,

(b) the trustees apply the payment to acquire such shares,

(c) the trustees do not acquire the shares from a company, and

(d) at the end of the interim period the condition in subsection (2) is met in relation to the company in which the trustees acquire the shares.

(2) The condition is that the trustees hold shares in the company for the plan trust that—

(a) constitute at least 10% of the ordinary share capital of the company, and

(b) carry rights to at least 10% of—

(i) any profits available for distribution to shareholders of the company, and

(ii) any assets of the company available for distribution to shareholders on a winding up.

(3) For the purposes of subsection (2) shares that have been appropriated to, and acquired on behalf of, an employee under the plan are to be treated as held by the trustees for the plan trust so long as the shares are still subject to the plan.

(4) The deduction is allowed for the period of account in which the interim period ends.

(5) The amount of the deduction is an amount equal to the payment mentioned in subsection (1)(a).

(6) If the deduction is made, no other deduction is allowed in relation to the payment (except as specified in section 991).

(7) In this section “the interim period” means the period of 12 months beginning with the date on which the trustees acquire the shares as mentioned in subsection (1)(b).