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HMRC internal manual

Employee Tax Advantaged Share Scheme User Manual

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HM Revenue & Customs
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Schedule 2 share incentive plan (SIP): Introduction – Contents

ETASSUM20110            Tax Advantaged Status: Notification

ETASSUM20120            The Plan

ETASSUM20130            Conditions for participation

ETASSUM20140            Types of award

 

This section explains the layout of the guidance notes on Schedule 2 Share Incentive Plans (SIPs) and gives a brief explanation of the main requirements.

The legislation relating to the requirements of SIPs was introduced by Finance Act 2000 and is now consolidated in Sections 488 – 515 and Schedule 2 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA), which together with Part 1 Schedule 7D Taxation of Chargeable Gains Act 1992 (TCGA) and certain other provisions mentioned in Section 515 ITEPA form the “SIP code”.

Under these schemes employees are awarded shares in their employing company or a company which controls the employer. If certain conditions are satisfied no liability to income tax arises when the shares are awarded or (if the shares are held for a certain period) when they are withdrawn from the plan. Schedule 2 SIPs must be open to all eligible employees. Prior to 6 April 2014, the company had to obtain HMRC approval that the scheme met the conditions of Schedule 2 before the company could operate the scheme. This changed from 6 April 2014. From that date HMRC do not approve schemes instead the company is required to self certify the scheme in the prescribed manner, within the appropriate time limit by notifying HMRC of the scheme and providing a declaration that the requirements of Schedule 2 ITEPA were and are met at the appropriate times. A SIP is a Schedule 2 SIP provided it has been correctly self certified within the prescribed time limit.

Statutory provisions and requirements

The statutory provisions and requirements are:

 

## Subject ## Legislation ## ETASSUM references
     
General requirements Paragraphs 6-12 21000 - 21130
Eligibility of individuals Paragraphs 13-24 2200022160
Shares that may be awarded Paragraphs 25-33 2300023300
Free shares Paragraphs 34-42 2410024170
Partnership shares Paragraphs 43-57 2430024420
Matching shares Paragraphs 58-61 2450024540
Cash dividends and dividend shares Paragraphs 62-69 2470024790
Company reconstructions and ‘rights issues’ Paragraphs 86-88 2500025160
Trustees Paragraphs 70-80 2600026150
Notification of plans, annual returns & enquiries Paragraphs 81A-81K 27000 - 27180
Supplementary provisions Paragraphs 86-100 28000 - 28250
Taxation Sections 488-515 Income Tax (Earnings and Pensions) Act 2003 29000 - 29070