C5C11C6F2Part 7AEmployment income provided through third parties
Pt. 7A modified (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 35(6)
Pt. 7A modified (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 1(8)
Pt. 7A modified (22.7.2020) by 2017 c. 32, Sch. 11 para. 1A(2)(6) (as inserted by Finance Act 2020 (c. 14), s. 16(3))
C2C1C3C5C7C4C9C11C10C6C8CHAPTER 2Treatment of relevant step for income tax purposes
Pt. 7A Ch. 2 disapplied (with effect in accordance with reg. 1(2) of the amending S.I.) by The Employment Income Provided Through Third Parties (Excluded Relevant Steps) Regulations 2011 (S.I. 2011/2696), regs. 1(1), 3, 4
Pt. 7A Ch. 2 excluded (6.4.2017) by The Sporting Testimonial Payments (Excluded Relevant Step) Regulations 2016 (S.I. 2016/1250), regs. 1(1), 2(1) (with reg. 2(2))
Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 29(1)
Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 27(1)
Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 35(1)
Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 25
Pt. 7A Ch. 2 excluded (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 11 para. 31
Pt. 7A Ch. 2 excluded (22.7.2020) by 2017 c. 32, Sch. 11 para. 35ZA (as inserted by Finance Act 2020 (c. 14), Sch. 2 para. 38)
Employment income
554Z2AF1Exception to section 554Z2(1): close companies
1
Section 554Z2(1) does not apply in the case of a relevant step if—
a
this Chapter applies in the case of the relevant step only by reason of section 554AA (close companies),
b
the relevant step is a step within section 554B, 554C or 554D,
c
the relevant step gives rise to a charge to tax under either—
i
section 455 of CTA 2010 by virtue of section 459 of that Act (loans treated as made to participator), or
ii
section 415 of ITTOIA 2005 (release of loan to participator in a close company), and
d
in a case within paragraph (c)(i), either the payment condition or the consent condition is met in relation to the charge under section 455 of CTA 2010.
2
The payment condition is met in relation to a charge to tax under section 455 of CTA 2010 if—
a
the net section 455 charge is paid in full on or before the due date, or
b
the net section 455 charge is nil.
3
The “net section 455 charge” means the amount of the charge to tax under section 455 of CTA 2010 less the amount of section 458 relief from that charge.
4
In subsection (3) “section 458 relief” means relief given under section 458 of that Act—
a
in respect of a repayment made, or a release or writing-off occurring, on or before the due date, and
b
on a claim made on or before the due date.
5
The consent condition is met in relation to a charge to tax under section 455 of CTA 2010 if—
a
the charge to tax is reported, in a company tax return of B's, as required under Schedule 18 to FA 1998 (company tax returns etc),
b
the payment condition is not met in relation to that charge, and
c
an officer of Revenue and Customs considers that section 554Z2(1) should not apply in the case of the relevant step concerned.
6
In this section, references to the “due date” in relation to a charge to tax under section 455 of CTA 2010 are references to the day on which the tax is due and payable (see section 455(3) of CTA 2010).
Pt. 7A inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 1