Part 2Trading income

Chapter 4Trade profits: rules restricting deductions

Unpaid remuneration

37Unpaid remuneration: supplementary

1

For the purposes of section 36 an amount charged in the accounts in respect of employees' remuneration includes an amount for which provision is made in the accounts with a view to its becoming employees' remuneration.

2

For the purposes of section 36 it does not matter whether an amount is charged for—

a

particular employments, or

b

employments generally.

3

If the profits of the trade are calculated before the end of the 9 month period mentioned in section 36(2)—

a

it must be assumed, in making the calculation, that any remuneration which is unpaid when the calculation is made will not be paid before the end of that period, but

b

if the remuneration is subsequently paid before the end of that period, nothing in this subsection prevents the calculation being revised and any tax return being amended accordingly.

4

For the purposes of this section and section 36 remuneration is paid when it—

a

is treated as received by an employee for the purposes of ITEPA 2003 by section 18, 19, 31 or 32 of that Act (receipt of money and non-money earnings), or

b

would be so treated if it were not exempt income.

5

In this section and section 36—

  • employee” includes an office-holder and “employment” therefore includes an office, and

  • remuneration” means an amount which is or is treated as earnings for the purposes of ITEPA 2003.