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 ):

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 ):

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