{
  "url": "https://openlegislation.uk/finance-act-2004-sections-38-to-40-and-45-and-schedule-6-consequential-amendment-of-enactments-order-2004/schedule/paragraph-41",
  "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-41.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/41",
  "kind": "paragraph",
  "number": "41",
  "heading": "Consideration for certain restrictive undertakings",
  "text": "(1) Section 73 of the Finance Act 1988 is amended as follows.\n(2) For subsection (3) (payments treated as expenses of management) substitute—\n“(3) Any payment which is treated as earnings of an employee by virtue of section 225 of the Income Tax (Earning and Pensions) Act 2003—\n(a) if paid or treated as paid by company with investment business, shall be treated for the purposes of section 75 of the Taxes Act 1988 as an expense of management to the extent that it otherwise would not be;\n(b) if paid or treated as paid by a company in relation to which section 76 of that Act applies, shall be treated as expenses payable falling to be brought into account at Step 1 in subsection (7) of that section to the extent that it otherwise would not be.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1988 c. 39: there are amendments which are not relevant for present purposes."
    }
  ],
  "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/41",
    "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."
}