{
  "url": "https://openlegislation.uk/finance-act-2004-sections-38-to-40-and-45-and-schedule-6-consequential-amendment-of-enactments-order-2004/schedule/paragraph-35",
  "json_url": "https://openlegislation.uk/finance-act-2004-sections-38-to-40-and-45-and-schedule-6-consequential-amendment-of-enactments-order-2004/schedule/paragraph-35.json",
  "legislation": "uksi/2004/2310",
  "legislation_title": "The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004",
  "legislation_url": "https://openlegislation.uk/finance-act-2004-sections-38-to-40-and-45-and-schedule-6-consequential-amendment-of-enactments-order-2004",
  "path": "schedule/paragraph/35",
  "kind": "paragraph",
  "number": "35",
  "heading": "Share incentive plans: corporation tax deductions",
  "text": "(1) Schedule 4AA is amended as follows.\n(2) In paragraph 1 (introductory) in sub-paragraph (4) for “investment companies” substitute “companies with investment business”.\n(3) In paragraph 7 (deduction for costs of setting up plan) in sub-paragraph (3) (approval given more than 9 months after end of period in which expenses incurred) for “incurred in” substitute “deductible for”.\n(4) In paragraph 13 (application of provisions to expenses of management of investment companies etc) for sub-paragraphs (1) and (2) substitute—\n“(1) The provisions of this Schedule apply in relation to—\n(a) companies with investment business, and\n(b) companies in relation to which section 76 applies (expenses of insurance companies),\nin accordance with the following provisions.\n(2) The provisions of this Schedule which allow a deduction in calculating the profits of a trade apply—\n(a) in relation to a company with investment business, to treat amounts as expenses of management, and\n(b) in relation to companies in relation to which section 76 applies, to treat amounts as expenses payable falling to be brought into account at Step 1 in section 76(7).”.\n(5) The heading to paragraph 13 accordingly becomes “Application of provisions to expenses of management of companies with investment business etc”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Schedule 4AA was inserted by paragraph 108 of Part 1 of Schedule 6 to ITEPA."
    }
  ],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "ukpga/2010/8",
      "affecting_title": "Taxation (International and Other Provisions) Act 2010"
    },
    {
      "type": "revoked",
      "affecting": "ukpga/2010/8",
      "affecting_title": "Taxation (International and Other Provisions) Act 2010"
    },
    {
      "type": "revoked",
      "affecting": "ukpga/2010/8",
      "affecting_title": "Taxation (International and Other Provisions) Act 2010"
    },
    {
      "type": "revoked",
      "affecting": "uksi/2006/3271",
      "affecting_title": "The Overseas Life Insurance Companies Regulations 2006"
    },
    {
      "type": "revoked",
      "affecting": "ukpga/2010/4",
      "affecting_title": "Corporation Tax Act 2010"
    },
    {
      "type": "revoked",
      "affecting": "ukpga/2010/4",
      "affecting_title": "Corporation Tax Act 2010"
    },
    {
      "type": "revoked",
      "affecting": "ukpga/2010/4",
      "affecting_title": "Corporation Tax Act 2010"
    },
    {
      "type": "revoked",
      "affecting": "ukpga/2010/8",
      "affecting_title": "Taxation (International and Other Provisions) Act 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/2310/schedule/paragraph/35",
    "retrieved_at": "2026-10-29T05:19:06.837964+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}