Part C
Income
Excluded income:
Definitions
CX 35Meaning of employee share loan
Employee share loan means a loan made to an employee if—
- the loan is made for the sole purpose of enabling the employee to acquire, under a scheme of acquisition,—
- shares, rights, or options in the company that is their employer:
- shares, rights, or options in a company that is associated with their employer; and
- shares, rights, or options in the company that is their employer:
- the employee uses the loan only for the purpose of the acquisition; and
- the employee beneficially owns the shares, rights, or options throughout the term of the loan; and
- the employee must immediately repay the loan in full if they stop being the beneficial owner of any of the shares, rights, or options; and
- the company issuing the shares, rights, or options must maintain a dividend-paying policy throughout the term of the loan.
This section does not apply—
- to shares, rights, or options in a qualifying company:
- to a loan made under an exempt ESS:
- to an employer and an employee who are associated persons.
Compare
- 2004 No 35 s CX 29
Notes
- Section CX 35(2)(b): amended (with effect on 29 March 2018), on , by section 29(1) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
- Section CX 35 list of defined terms exempt ESS: inserted (with effect on 29 March 2018), on , by section 29(2) of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).