36 Disguised remuneration schemes: restriction of income tax relief

36  Disguised remuneration schemes: restriction of income tax relief

(1)     Section 38 of ITTOIA 2005 (restriction of deductions: employee benefit contributions) is amended in accordance with subsections (2) to (5).

(2)     After subsection (1) insert—

“(1A)     No deduction is allowed under this section in respect of employee benefit contributions for a period of account which starts more than 5 years after the end of the period of account in which the contributions are made.”

(3)     After subsection (2) insert—

“(2AA)     Subsection (2) is subject to subsections (1A) and (2AB).

(2AB)     Where subsection (3C) applies, no deduction is allowed for an amount in respect of the contributions for the period except so far as the amount is a qualifying amount (see subsection (3D)).”

(4)     After subsection (3) insert—

“(3A)     Subsection (3) is subject to subsections (1A) and (3B).

(3B)     Where subsection (3C) applies, an amount disallowed under subsection (2) is allowed as a deduction for a subsequent period only so far as it is a qualifying amount.

(3C)     This subsection applies where the provision of qualifying benefits out of, or by way of, the contributions gives rise both to an employment income tax charge and to an NIC charge.

(3D)

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