ERSM90200 - Post Acquisition Benefits from Securities

Exclusions: otherwise chargeable to Income Tax

A benefit can only come within the Chapter 4 charge if not otherwise chargeable to Income Tax – ITEPA03/S447 (4). So the charge is essentially a sweeping-up charge if employee benefits in connection with employment-related securities are not subject to Income Tax elsewhere.

Removal of exclusion where “avoidance”

From 2/12/04 the “otherwise chargeable” exclusion is removed where something has been done which affects the employment-related securities as part of a scheme or arrangement the main purpose (or one of the main purposes) of which is the avoidance of tax or National Insurance contributions (see ERSM90210).

IR35

Where there is liability established under the “IR35” provisions in Chapter 8 Part 2 ITEPA (sections 48 to 61) Chapter 4 Part 7 should not be used, because the income is “otherwise chargeable” and we would not necessarily argue an avoidance motive. Only where IR35 is avoided should ITEPA03/S447 be used to charge the income to Income Tax and NIC.