Finance Act 2011

Amendments to ITTOIA 2005

36 (1) Amend section 39 (employee benefit contributions: meaning of “employee benefit scheme” etc) as follows.

(2) In subsection (2) after “employer” insert “or persons linked with present or former employees of the employer”.

(3) After subsection (2) insert—

“(3) Section 554Z1 of ITEPA 2003 applies for the purposes of subsection (2) but as if references to A were to a present or former employee of the employer.

(4) So far as it is not covered by subsection (2), “employee benefit scheme” also means—

(a) an arrangement (“the relevant arrangement”) within subsection (1)(b) of section 554A of ITEPA 2003 to which subsection (1)(c) of that section applies, or

(b) any other arrangement connected (directly or indirectly) with the relevant arrangement.”