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Ticking time bombs

19 February 2008 / Ken Moody
Issue: 4146 / Categories: Comment & Analysis
Or damp squibs? KEN MOODY considers the employment-related securities aspects of incorporation

Or damp squibs? KEN MOODY considers the employment-related securities aspects of incorporation

KEY POINTS

  • The 'time bomb' in ITEPA 2003 Ch 3D.
  • The effect of the decision in Company A v HMRC.
  • Problems with the term 'market value' in s 423.
  • Should an election be made under s 431?
  • Different classes of shares and dividend payments.
  • PAYE dangers.

I recently visited the ICAEW website and noted that about one in four member firms now appear to be incorporated either as limited companies or as limited liability partnerships.

One suspects however that even partners in accountancy practices give little consideration to the employment-related securities (ERS) aspects of incorporation.

In this article statutory references are to ITEPA 2003 except where otherwise stated and where I refer...

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