Chapter BIM44635
Published date | 22 November 2013 |
Record Number | BIM44635 |
Court | HM Revenue & Customs |
S36, S38 Income Tax (Trading and Other Income) Act 2005, S1288, S1290 Corporation Tax Act 2009
There are provisions which determine when a deduction for employees’ remuneration is to be given in computing the employer’s taxable profits. General guidance on the rules (the ‘unpaid remuneration’ rules) is at BIM47130.
The deductions in an employer’s accounts which may be affected by the unpaid remuneration rules are those ’in respect of employees’ remuneration’. This includes an amount for which a provision is made in the accounts with a view to its becoming employees’ remuneration.
The rules defer the deduction for employees’ remuneration which remains unpaid nine months after the end of the period of the accounts in which it is deducted in accordance with generally accepted accounting practice. If the remuneration for which a deduction has been so disallowed is paid in a later period, a deduction is given in computing the employer’s taxable profits for the later period.
The interaction of the unpaid remuneration rules with the employee benefit contribution legislation may need to be considered if:
- a provision for employees’ remuneration in a company’s accounts has been disallowed under the unpaid remuneration rules because there was...
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