Corporation Tax: management expenses: redundancy payments
ICTA88/S579 (3) and ICTA88/S90 (1)(b)
Under ICTA88/S579 (3) statutory redundancy payments made under the legislation specified in ICTA88/S580 are allowable as expenses of management. This legislation is:
- The Employment Rights Act 1996 or its predecessor, the Employment Protection (Consolidation) Act 1978, and
- in Northern Ireland, the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965.
The 1978 and 1996 Acts incorporate provisions contained originally in the 1965 Redundancy Payments Act.
Under ICTA88/S90 (1)(b) additional payments up to a maximum of three times the amount of the statutory redundancy payment will be eligible for relief as expenses of management.
Where an investment company (or a ‘company with investment business’ for periods starting on or after 1 April 2004) claims redundancy payments as management expenses, you should follow the guidance at BIM47200 onwards.