Section 999 Deduction for costs of setting up SAYE option scheme or CSOP scheme
United Kingdom
A deduction for the expenses is to be made in calculating for corporation tax purposes the profits of a trade or property business carried on by the company.
This is subject to subsections (4) and (5).
If the company is a company with investment business (as defined in F6section 1218B), the expenses are treated as expenses of management of the company.
But this subsection does not apply if the company's business is a property business (in which case subsection (3) applies instead).
If—
the company is a company in relation to which the I - E rules apply, and
the expenses are referable, in accordance with Chapter 4 of Part 2 of FA 2012, to the company's basic life assurance and general annuity business,
the expenses are treated for the purposes of section 76 of that Act as ordinary BLAGAB management expenses of the company.
If the F8relevant date falls 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 relevant date falls, or
for the purposes of subsection (4) or (5) the expenses are treated as referable to the accounting period in which the relevant date falls.
In subsection (6) “the relevant date”—
in relation to a Schedule 3 SAYE option scheme, has the meaning given in paragraph 40A(6) of Schedule 3 to ITEPA 2003, and
in relation to a Schedule 4 CSOP scheme, has the meaning given in paragraph 28A(6) of Schedule 4 to ITEPA 2003.
So far as this section provides for a deduction to be allowed, it has effect despite section 53 (no deduction for items of a capital nature in calculating trading profits), including that section as applied by section 210 to the calculation of profits of a property business.
Annotations
Textual amendments
- F1
Words in s. 999(1)(a) omitted (6.4.2014) by virtue of Finance Act 2014 (c. 26), Sch. 8 paras. 142(2)(a), 146 (with Sch. 8 paras. 147-157)
- F2
S. 999(1)(b) and word omitted (6.4.2014) by virtue of Finance Act 2014 (c. 26), Sch. 8 paras. 142(2)(b), 146 (with Sch. 8 paras. 147-157)
- F3
Words in s. 999(2)(a) inserted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 142(3)(a), 146 (with Sch. 8 paras. 147-157)
- F4
Words in s. 999(2)(b) inserted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 142(3)(b), 146 (with Sch. 8 paras. 147-157)
- F5
Words in s. 999(2) omitted (6.4.2014) by virtue of Finance Act 2014 (c. 26), Sch. 8 paras. 142(3)(c), 146 (with Sch. 8 paras. 147-157)
- F6
Words in s. 999(4) substituted (with effect in accordance with Sch. 18 para. 23 of the amending Act) by Finance Act 2013 (c. 29), Sch. 18 paras. 21(2), 22; S.I. 2013/1817, art. 2(2); S.I. 2014/1962, art. 2(3)
- F7
S. 999(5) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 186
- F8
Words in s. 999(6) substituted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 142(4), 146 (with Sch. 8 paras. 147-157)
- F9
S. 999(6A) inserted (6.4.2014) by Finance Act 2014 (c. 26), Sch. 8 paras. 142(5), 146 (with Sch. 8 paras. 147-157)
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))