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Contents

Official guidance
Business Income Manual

BIM44000 · Specific deductions: employee share schemes

  • BIM44001 · Glossary
  • BIM44002 · Introduction
  • BIM44005 · Types of schemes
  • BIM44010 · Approved schemes
  • BIM44015 · Summary of tax and NICs treatment
  • BIM44020 · Costs of setting up schemes
  • BIM44025 · Incidental costs of running schemes
  • BIM44247 · Costs of providing shares to employees: introduction
  • BIM44250 · Providing shares to employees: overview
  • BIM44251 · Providing shares to employees: Share Incentive Plans: introduction
  • BIM44253 · Providing shares to employees: Share Incentive Plans: general rules
  • BIM44255 · Providing shares to employees: Share Incentive Plans: general rules: special rules for trusts acquiring 10% of ordinary share capital
  • BIM44260 · Providing shares to employees: qualifying shares
  • BIM44265 · Providing shares to employees: qualifying shares: introduction
  • BIM44270 · Providing shares to employees: qualifying shares: requirements for relief
  • BIM44275 · Providing shares to employees: qualifying shares: how the relief is given
  • BIM44280 · Providing shares to employees: qualifying shares: overview of the legislation
  • BIM44285 · Providing shares to employees: qualifying shares: meaning of qualifying shares
  • BIM44290 · Providing shares to employees: qualifying shares: kind of shares acquired
  • BIM44295 · Providing shares to employees: qualifying shares: company whose shares are acquired
  • BIM44300 · Providing shares to employees: qualifying shares: which company gets the deduction
  • BIM44305 · Providing shares to employees: qualifying shares: the relevant business requirements
  • BIM44307 · Providing shares to employees: qualifying shares: host employer
  • BIM44310 · Providing shares to employees: qualifying shares: when the deduction is given
  • BIM44315 · Providing shares to employees: qualifying shares: amount of deduction for acquisition periods
  • BIM44320 · Providing shares to employees: qualifying shares: Income Tax position of employee
  • BIM44325 · Providing shares to employees: qualifying shares: valuation issues
  • BIM44360 · Providing shares to employees: qualifying shares: restricted or convertible shares: introduction
  • BIM44385 · Providing shares to employees: qualifying shares: restricted shares
  • BIM44390 · Providing shares to employees: qualifying shares: restricted shares: examples
  • BIM44400 · Providing shares to employees: qualifying shares: convertible shares
  • BIM44405 · Providing shares to employees: qualifying shares: convertible shares: examples
  • BIM44410 · Providing shares to employees: qualifying shares: cash cancelled and net settled share options
  • BIM44411 · Providing shares to employees: qualifying shares: cash cancelled and net settled share options: deductions allowable
  • BIM44412 · Providing shares to employees: qualifying shares: cash cancelled: examples
  • BIM44413 · Providing shares to employees: qualifying shares: net settled examples
  • BIM44414 · Providing shares to employees: qualifying shares: payment made in excess of fair value ("EFV")
  • BIM44415 · Providing shares to employees: Cash Cancelled and Net Settled Options - Interaction with Deferred Remuneration
  • BIM44450 · Providing shares to employees: non-qualifying shares: introduction
  • BIM44455 · Providing shares to employees: non-qualifying shares: through an employee benefit trust
  • BIM44457 · Providing shares to employees: non-qualifying shares: through an employee benefit trust: whether contributions deductible
  • BIM44458 · Providing shares to employees: non-qualifying shares: through an employee benefit trust: tax cases
  • BIM44460 · Providing shares to employees: non-qualifying shares: through global share schemes
  • BIM44463 · Providing shares to employees: non-qualifying shares: through global share schemes: tax case
  • BIM44465 · Providing shares to employees: non-qualifying shares: new shares issued direct to employees
  1. Specific deductions: employee share schemes: contents
  2. Specific deductions: employee share schemes: providing shares to employees: qualifying shares: restricted shares: examples

BIM44390 | Specific deductions: employee share schemes: providing shares to employees: qualifying shares: restricted shares: examples

From HM Revenue & Customs · Business Income Manual

Example A

Facts

Date-Amount
01/04/2009Employee is given 1000 shares, subject to restrictions that the employee cannot sell the shares within the next 3 years-
-Market value of shares if unrestricted£1000
-Risk of forfeiture reduces their MV by 20% to£800
01/04/2012Risk of forfeiture expires-
-Market value of shares (now unrestricted) is£2000

Employment Income Tax charges

If no elections made (see BIM44385):

Year-Amount
2008/09Income Tax charged on£800
2011/12Income Tax charged on £2000 x 20% =£400

Deductions for employing company

Year-Amount
a.p.e 31/12/09Deduction£800
a.p.e 31/12/12Deduction£400

Example B - Forfeitable shares - forfeiture period less than 5 years

Facts

Date-Amount
01/04/2008Employee is given 1000 shares, subject to a risk of forfeiture over the next 4 years-
-Market value of shares if unrestricted£1000
-Risk of forfeiture reduces their MV by 35% to£650
01/04/2012Risk of forfeiture expires-
-Market value of shares (now unrestricted) is£3000

Employment Income Tax charges

If no elections made (see BIM44385):

Year-Amount
2007/08No Income Tax charge on acquisition-
2011/12Income Tax charged on£3000

Deductions for employing company

Year-Amount
a.p.e 31/12/08DeductionNil
a.p.e 31/12/12Deduction£3000

Example C - Shares acquired before 16/04/2003: forfeiture period 5 years or more

Facts

Date-Amount
01/04/2003Employee is given 1000 shares, subject to a risk of forfeiture over the next 9 years-
-Market value of shares if unrestricted£1000
-Risk of forfeiture reduces their MV by 35% to£650
01/04/2012Risk of forfeiture expires-
-Market value of shares (now unrestricted) is£5000

Employment Income Tax charges

Year-Amount
2002/03Income Tax charged on£650
2011/12Income Tax charged on £5000 - £650 =£4350

Deductions for employing company

Year-Amount
a.p.e 31/12/03DeductionNil
a.p.e 31/12/12Deduction£5000
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