EIM45400 - Employment income provided through third parties: exclusions: earmarking for employee share schemes: specified exit events: fall-back charge because of continued earmarking

Section 554K(5) and (6) ITEPA 2003

A fall-back charge will apply if:

• section 554K has prevented a relevant step from giving rise to Part 7A income, and
• broadly speaking, earmarked shares continue to be earmarked in circumstances in which the conditions for the exclusion are no longer met

More precisely, under section 554K(5), a fall-back charge will apply if, at any time (‘the relevant time’) 2 conditions are met. These conditions are bulleted below:

• any of the earmarked shares cease to be held solely with a view to the meeting of an award of relevant shares or of a sum of money which meets one of 2 alternative conditions.
  • the first alternative condition is that this award is to be made to A as mentioned in section 554K(1)(a) and is to meet the requirements of section 554K(1)(b) to (e)
  • the second alternative condition is that this award is expected to be made to A as mentioned in section 554K(1)(a) and, if this award is made, it will meet the requirements of section 554K(1)(b) to (e).

On section 554K(1)(a) to (e), see EIM45385.

• those shares continue to be held by or on behalf of the person taking the step on a section 554B basis.

In such a case, section 554K(6) deems a relevant step to be taken with the following features:

• the relevant step is within section 554B
• it is taken at the relevant time
• the subject of the relevant step is:
  • the shares which continue to be held as mentioned above, and
  • any ‘relevant income’ in relation to those shares - see EIM45475
• the relevant step gives rise to Part 7A income

The relevant step gives rise to Part 7A income subject to the exclusion in section 554A(4) (see EIM45095) and any relevant reliefs.