The taxpayers C and G were employed by the third taxpayer EGS Group. They were granted exercise company share options which they exercised these options in June and December 2001 making substantial unrealised gains.
The company was unable to operate PAYE on the notional gains received by C and G since it was not making a payment of money to them from which tax could be deducted.
In light of that TA 1988 s 203J (now ITEPA 2003 s 710) stated that the employer should account for the tax from other payments made at the same time as the notional payment.
If there was insufficient salary to cover the PAYE TA 1988 s 144A (rewritten as
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