SCHEDULES

SCHEDULE 1Minor and consequential amendments

Part 1Income and Corporation Taxes Act 1988

43

After section 76ZL insert—

76ZMUnpaid remuneration: supplementary

1

For the purposes of section 76ZL an amount charged in the accounts in respect of employees' remuneration includes an amount for which provision is made in the accounts with a view to its becoming employees' remuneration.

2

For the purposes of section 76ZL it does not matter whether an amount is charged for—

a

particular employments, or

b

employments generally.

3

If the profits of the company are calculated before the end of the 9 month period mentioned in section 76ZL(1)(c)—

a

it must be assumed, in making the calculation, that any remuneration which is unpaid when the calculation is made will not be paid before the end of that period, but

b

if the remuneration is subsequently paid before the end of that period, nothing in this subsection prevents the calculation being revised and any tax return being amended accordingly.

4

For the purposes of this section and section 76ZL remuneration is paid when it—

a

is treated as received by an employee for the purposes of ITEPA 2003 by section 18 or 19 of that Act (receipt of money and non-money earnings), or

b

would be so treated if it were not exempt income.

5

In this section and section 76ZL—

  • “employee” includes an office-holder and “employment” therefore includes an office, and

  • “remuneration” means an amount which is or is treated as earnings for the purposes of Parts 2 to 7 of ITEPA 2003.