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Section 998 Withdrawal of deductions if share incentive plan ceases to be a Schedule 2 share incentive planF4

United Kingdom

(1)

This section applies if—

(a)

a deduction is made by a company under section F1987, 989, 991, 994 or 995 in relation to F2a Schedule 2 share incentive plan, and

F3(b)

by virtue of paragraph 81H or 81I of Schedule 2 to ITEPA 2003 the plan is not to be a Schedule 2 share incentive plan.

(2)

An officer of Revenue and Customs may by notice direct that the deduction is withdrawn.

(3)

If a direction is made, the company is treated as receiving an amount equal to the deduction.

(4)

The amount is treated as received when the direction is made.

Annotations

Textual amendments

F1

Word in s. 998(1)(a) inserted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 83(3)(a)(i), 89 (with Sch. 8 paras. 90-96)

F2

Words in s. 998(1)(a) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 83(3)(a)(ii), 89 (with Sch. 8 paras. 90-96)

F3

S. 998(1)(b) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 83(3)(b), 89 (with Sch. 8 paras. 90-96)

F4

Words in s. 998 heading substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 83(2), 89 (with Sch. 8 paras. 90-96)

Notes on Part 11

Modifications

C1

Pt. 11 applied by 2010 c. 8, s. 425(1) (as inserted (with effect in accordance with Sch. 5 para. 25(1)-(3) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 5 para. 1 (with Sch. 5 paras. 27, 32-34))

Notes on Plan ceasing to be a Schedule 2 SIP

Textual amendments

F1

S. 998 cross-heading substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 82, 89 (with Sch. 8 paras. 90-96)