Taxation (International and Other Provisions) Act 2010

Part 4 Relocation of section 84A of ICTA

Income and Corporation Taxes Act 1988 (c. 1)

25 ICTA is amended as follows.

26 Omit section 84A (costs of establishing share option or profit sharing scheme: relief).

Income Tax (Trading and Other Income) Act 2005 (c. 5)

27 ITTOIA 2005 is amended as follows.

28 In Chapter 5 of Part 2, after section 94 insert—

“SAYE option schemes, CSOP schemes

94A Costs of setting up SAYE option scheme or CSOP scheme

(1) This section applies if—

(a) a company incurs expenses in setting up a scheme within subsection (2) that is approved by an officer of Revenue and Customs, and

(b) no employee or director acquires rights under the scheme before it is approved.

(2) The schemes within this subsection are—

(a) SAYE option schemes within the meaning of the SAYE code (see section 516(4) of ITEPA 2003), and

(b) CSOP schemes within the meaning of the CSOP code (see section 521(4) of ITEPA 2003).

The references in subsection (1) to a scheme being approved are to it being approved under Schedule 3 or 4 to ITEPA 2003 (as the case may be).

(3) A deduction for the expenses is to be made in calculating the profits of a trade carried on by the company.

(4) If the approval is given more than 9 months after the end of the period of account in which the expenses are incurred, for the purposes of subsection (3) the deduction is to be made for the period of account in which the approval is given.”

29 In section 272(2) (profits of property business: application of trading income rules) at the appropriate place insert—

“section 94A

costs of setting up SAYE option scheme or CSOP scheme”.