Paragraph 11A Exercise, assignment or release of share option — market value of option or resulting shares increased by things done otherwise than for genuine commercial purposesF1

United Kingdom

(1)

This paragraph applies for calculating or estimating the amount of earnings which is comprised in a payment which—

(a)

would be disregarded in the computation of earnings for the purposes of earnings-related contributions by virtue of paragraph 16 of Part 9 of Schedule 3; but

(b)

is not disregarded because paragraph 17 of that Part applies to it.

(2)

If this paragraph applies, the amount of earnings to be taken into account for the purpose of earnings related contributions is the amount which would, but for paragraph 16 F2or 16A of Part 9 of Schedule 3, have been taken into account by virtue of section 4(4)(a) of the Act.

This is subject to the following qualification.

(3)

If—

(a)

the right to acquire shares in a body corporate is not capable of being exercised more than ten years after the date on which it was obtained,

(b)

an amount of earnings was taken into account for the purpose of earnings-related contributions in respect of the earner’s obtaining that right, at the time he obtained it (“the deductible amount”), and

(c)

no exercise, assignment or release of the whole or any part of—

(i)

that right,

(ii)

any right replacing that right (“a replacement right”), or

(iii)

any subsequent replacement right,

has occurred on or after 10th April 2003,

the deductible amount may be deducted from the amount otherwise to be taken into account by virtue of this paragraph.

Annotations

Textual amendments

F1: Sch. 2 para. 11A and cross-heading inserted (10.4.2003) by The Social Security (Contributions) (Amendment No. 3) Regulations 2003 (S.I. 2003/1059), regs. 1(1), 3(3)
F2: Words in Sch. 2 para. 11A(2) inserted (1.9.2003) by The Social Security (Contributions) (Amendment No. 5) Regulations 2003 (S.I. 2003/2085), regs. 1, 7(6)

Notes on the whole SI

Textual amendments

F1: See sections 3(2) and (5), 4(5) and (6), 116, 117, 118, 119 and 120 of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Act”) as amended respectively by paragraphs 3, 4, 22, 23, 24, 25 and 26 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Transfer Act”). The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) and the Social Security Administration (Northern Ireland) Act 1992 (c. 8) were transferred to the Department for Social Development by Article 8(b) of and Part II of Schedule 6 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).
F2: See section 176(2)(b) of the Act.