Section 1038A | Exclusion of deductions for share options: shares not acquired ^F1

(1)Subsection (2) applies if—^F1

(a)a person obtains an option to acquire shares and the requirements of section 1015(1)(a) to (c) are met in relation to the obtaining of the option, or^F1

(b)so far as not covered by paragraph (a), a person obtains an option to acquire shares and the obtaining of the option is connected with an option previously obtained in a case covered by paragraph (a) or this paragraph.^F1

(2)For the purpose of calculating any company's profits for corporation tax purposes for any accounting period, no deduction is allowed in relation to—^F1

(a)the option, or^F1

(b)any matter connected with the option,^F1

unless the shares are acquired pursuant to the option.

(3)For the purposes of subsection (2) it does not matter if the accounting period in question falls wholly before or after the time at which the option is obtained.^F1

(4)In a case in which the shares would be acquired under an employee share scheme, the deductions disallowed by subsection (2) include (in particular) deductions for amounts paid or payable by the employing company in relation to the participation of the employee in the scheme.^F1

(5)But subsection (2) does not disallow deductions for—^F1

(a)expenses incurred in setting up the scheme,^F1

(b)expenses incurred in meeting, or contributing to, the costs of administering the scheme,^F1

(c)the costs of borrowing for the purposes of the scheme, or^F1

(d)fees, commission, stamp duty, stamp duty reserve tax, and similar incidental expenses of acquiring the shares.^F1

(6)“Employee share scheme” means a scheme or arrangement for enabling shares to be acquired because of persons' employment.^F1

(7)Subsection (2) does not disallow deductions for—^F1

(a)amounts on which the employee is subject to a charge under ITEPA 2003,^F1

(b)amounts on which the employee would have been subject to a charge under ITEPA 2003 had the employee been a UK employee at all material times, or^F1

(c)if the employee has died, amounts on which the employee would have been subject to a charge under ITEPA 2003 had the employee been alive.^F1

(8)“UK employee” is to be read in accordance with section 1017(4).^F1