Income and Corporation Taxes Act 1988

Supplementary U.K.

183 Partnerships. U.K.

M1 For the purposes of this Chapter the members of a partnership which is a scheme employer shall be treated as a single continuing body of persons notwithstanding any change in their identity.

Marginal Citations

M1 Source—1987 (No.2) s.16

184 Independent accountants. U.K.

M2 (1) For the purposes of this Chapter, “independent accountant”, in relation to a profit-related pay scheme, means a person who—

(a) [F1 is eligible for appointment as a company auditor under section 25 of the Companies Act 1989] or Article 397(1)(a) or (b) of the M3 Companies (Northern Ireland) Order 1986 (qualification for appointment as auditor); and

(b) is not excluded by subsections (2) to [F2 (4)] below.

(2) A person is not an independent accountant in relation to a profit-related pay scheme if—

(a) he is the employer of employees to whom the scheme relates; or

(b) he is a partner [F3 , or an officer] or an employee of, or partner of an employee of, a person within subsection (3) below; or

(c) he is [F4 a partner or]an employee of a person within paragraph (b) above.

(3) The persons within this subsection are—

(a) any person having employees to whom the scheme relates;

(b) any body corporate which is the subsidiary or holding company of a body corporate within paragraph (a) above or a subsidiary of such a body’s holding company.

(4) For the purposes of this section—

(a) an auditor of a company is not to be regarded as an [F5 officer or]employee of it; and

(b) “holding company” and “subsidiary” are to be construed in accordance with section 736 of the Companies Act 1985 or Article 4 of the Companies (Northern Ireland) Order 1986.

(5 )F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this Chapter, “independent accountant”, in relation to a scheme, includes a Scottish firm all the partners of which are independent accountants in relation to the scheme.

Textual Amendments

F1 Words in s. 184(1)(a) substituted by S.I. 1991/1997, reg. 68(a) (with reg. 4)

F2 Word in s. 184(1)(b) substituted by S.I. 1991/1997, reg. 68(b) (with reg. 4)

F3 Words in s. 184(2)(b) inserted by S.I. 1991/1997, reg. 68(c) (with reg. 4)

F4 Words in s. 184(2)(c) inserted by S.I. 1991/1997, reg. 68(d) (with reg. 4)

F5 Words in s. 184(4)(a) inserted by S.I. 1991/1997, reg. 68(e) (with reg. 4)

F6 S. 184(5) omitted by virtue of S.I. 1991/1997, reg. 68(f) ( with reg. 4)

Marginal Citations

M2 Source—1987 (No.2) s.17

M3 S.I. 1986/1032 (N.I. 6).