BIM37700 | Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: contents
From HM Revenue & Customs · Business Income Manual
S34 Income Tax (Trading and Other Income) Act 2005, S54 Corporation Tax Act 2009
Introduction and layout of guidance
Over the years a number of cases have come before the courts to consider the deductibility of amounts paid to employees, including directors. Normal employee costs are allowable but a variety are not, including:
In addition there is a statutory timing rule in S36 Income Tax (Trading and Other Income) Act 2005 for unincorporated businesses and S1288 Corporation Tax Act 2009 for companies that precludes deduction for amounts paid more than nine months after the end of the period of account in question. There is detailed guidance at BIM47130.
Contents11 entries
- BIM37705Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: claim to deduct dividends paid to directors
- BIM37707Wholly and exclusively: duality of, or non-trade: remuneration, etc: ‘excessive’ remuneration: establish the purpose
- BIM37715Wholly and exclusively: duality of, or non-trade: remuneration, etc: paid to daughter
- BIM37717Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: payment to retiring director following dispute
- BIM37720Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: payment to director for changing duties because of ill-health
- BIM37725Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: loss on sale of property used as a temporary residence by employee
- BIM37730Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: payment of share of profits following sale of shares
- BIM37735Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: relative's wages
- BIM37737Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: whether payments to minor children were allowable remuneration
- BIM37740Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: 'excessive' remuneration: disallow the excess
- BIM37745Wholly and exclusively: duality of, or non-trade, purpose: remuneration, etc: premium to secure directors’ pension