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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: non-qualifying shares: introduction: contents

BIM44450 | Specific deductions: employee share schemes: providing shares to employees: non-qualifying shares: introduction: contents

From HM Revenue & Customs · Business Income Manual

The statutory deduction for provision of shares to employees in BIM44260 onwards is not available where shares are provided to employees which are not ‘qualifying shares’.

Deductions for the costs to employers of providing non-qualifying shares are determined by general tax principles, subject to the anti-avoidance provisions for employee benefit trusts in BIM44500 onwards.

The costs of providing ‘non-qualifying shares’ to employees fall into the following categories:

  • shares provided through ‘case law’ employee benefit trusts to which the employer makes contributions, see BIM44455,

  • shares provided to employees under global share schemes for which the employer pays an intra-group recharge, see BIM44460,

  • new ‘non-qualifying shares’ issued direct to employees, see BIM44465.

Non-qualifying shares

The following shares are not qualifying shares for these purposes:

  • partly-paid shares, or

  • redeemable shares, or

  • preference shares, or

  • unlisted shares in a subsidiary company (unless its parent company is listed on a recognised stock exchange and is not a close company), or

  • shares in a company which is not sufficiently linked to the employing company (see BIM44295) at the date on which the employee acquires:

    • the shares, or

    • any earlier right (share option) to acquire the shares.

The following pages give further guidance on deductions for providing non-qualifying shares to employees.

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