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Paragraph 52

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of paragraph 47(3) an employee’s relevant working time means the time that he in fact spends as an employee in relevant employment—

(a)

on the business of the relevant company, or

(b)

if the relevant company is a parent company, on the business of the group.

(2)

The time at which the disqualifying event is taken to have occurred is determined in accordance with the following provisions.

(3)

Subject to sub-paragraphs (4) and (5), the time at which the disqualifying event occurred is determined as follows:

Method

1.

For each calendar month calculate whether over the tax year to date the employee’s relevant working time amounts to less than 25 hours a week or, if less, 75% of his working time.

2.

If it does, the disqualifying event is taken to have occurred—

(a)

at the end of the previous calendar month, or

(b)

if the calendar month for which the calculation is done is April, at the end of the previous tax year.

(4)

In the case of an employee who begins or ceases to be in relevant employment during the tax year, the references in sub-paragraph (3) above and paragraph 47(3) to that tax year shall be construed as references to the part of the tax year in which he is in relevant employment.

(5)

If the time determined under sub-paragraph (3) or (4) falls before the grant of the option, the option is treated for the purposes of this Schedule as if it had never been a qualifying option.

(6)

Expressions used in paragraph 47(3) or this paragraph that are defined for the purposes of paragraph 29 (requirement as to commitment of working time) have the same meaning as in that paragraph.

Notes on Schedule 14

Textual amendments

F1

Sch. 14 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)