Part 3Income tax, corporation tax and capital gains tax

Other income tax measures

61Enterprise management incentives: excluded activities

1

In Part 3 of Schedule 5 to ITEPA 2003 (enterprise management incentives: qualifying companies), in paragraph 19 (excluded activities: receipt of royalties or licence fees)—

a

in sub-paragraph (4), for paragraphs (a) and (b) substitute—

a

by the relevant company, or

b

by a company which was a qualifying subsidiary of the relevant company throughout a period during which it created the whole or greater part (in terms of value) of the intangible asset.

b

after sub-paragraph (7) insert—

8

If—

a

the relevant company acquired all the shares (“old shares”) in another company (“the old company”) at a time when the only shares issued in the relevant company were subscriber shares, and

b

the consideration for the old shares consisted wholly of the issue of shares in the relevant company,

references in sub-paragraph (4) to the relevant company include the old company.

2

The amendments made by subsection (1) have effect in relation to options granted on or after 6th April 2007.

3

They also have effect in relation to a qualifying option within subsection (4), for the purpose of determining at any time on or after that date whether an activity is an excluded activity.

4

An option is within this subsection if it was granted before 6th April 2007 and, immediately before that date—

a

it had not been exercised, and

b

no disqualifying event had occurred in relation to it.

5

Subsection (6) applies in respect of an option within subsection (4) if—

a

immediately before 6th April 2007—

i

the right to exploit an intangible asset (“the asset”) was vested in the relevant company or a subsidiary of it (in either case, alone or jointly with others), and

ii

the asset was a relevant intangible asset,

b

at any time on or after that date, an activity carried on by the relevant company or a subsidiary of it would be an excluded activity by reason only of the receipt of royalties or licence fees attributable to the exploitation of the asset, and

c

the activity would not be an excluded activity if the amendments made by subsection (1) had not been made.

6

The activity is to be treated, in relation to the option, as not being an excluded activity at that time.