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Home / Simons-Taxes /Personal and employment tax /Part E4 Employment income /Division E4.10A Disguised remuneration /Disguised remuneration—prescribed exclusions / E4.1063 Disguised remuneration—exclusions—particular rules for earmarking for employee share schemes
Commentary

E4.1063 Disguised remuneration—exclusions—particular rules for earmarking for employee share schemes


Personal and employment tax

The exclusions described in this article apply only if B (the person referred to in E4.1052, E4.1053) is a company1 and relate to2:

  1. Ìý

    •ÌýÌýÌýÌý steps within (a) or (b) under 'Earmarking etc of sum of money or asset' in E4.1058 taken in relation to awards of certain shares or securities or awards of sums of money determined by reference to the market value of certain shares or securities3; and

  2. Ìý

    •ÌýÌýÌýÌý steps within (a) or (b) under 'Earmarking etc of sum of money or asset' in E4.1058 taken in relation to grants of rights to acquire certain shares or securities or to receive sums of money determined by reference to the market value of certain shares or securities4

Various definitions are provided which are dealt with below5.

Earmarking for employee share schemes (1)

This exclusion applies if6:

  1. Ìý

    (a)ÌýÌýÌýÌý there is an arrangement ('B's employee share scheme') under which, in respect of his employment with B,

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