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Unfinished business

23 November 2010 / Ken Moody
Issue: 4282 / Categories: Comment & Analysis , Employees , Income Tax
KEN MOODY provides an update on employment-related securities

KEY POINTS

  • The meaning of ‘market value’.
  • Restricted securities offered instead of a bonus.
  • Schedule F versus Schedule E.
  • Share schemes must be implemented with care.

You wait ages for a bus and then three turn up at once; the employment-related securities rules in ITEPA 2003 Part 7 are similar in one respect.

Until recently there had been a dearth of input from the courts on some quite complicated issues. But in the past year or two a succession of cases has had a bearing on this legislation even if indirectly.

First there was Gray’s Timber Products Limited v CRC [2010] STC 782 which concerned charges under Part 7 Chapter 3D ‘Securities disposed of for more than market value’.

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