Finance Act 2010

Amendment of section 128D (tax treatment of directors of companies and employees who acquire restricted shares) of Principal Act.

17.— (1) Section 128D of the Principal Act is amended—

(a) in subsection (1) by inserting the following after the definition of “ director” and “employee”—

“ ‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;

‘EEA state’ means a state, other than the State, which is a Contracting Party to the EEA Agreement;”,

(b) in subsection (1) in the definition of “specified period” by substituting “subsection (3)(a);” for “subsection (3)(a).” and by inserting the following after that definition:

“ ‘trust’ means a trust established in the State or in an EEA state and the trustees of which are resident in the State or in an EEA state.”,

(c) in subsection (4)—

(i) by substituting “amount chargeable to income tax” for “charge to income tax” in both places where it occurs, and

(ii) in the meaning assigned to “A” in the formula in paragraph (a) by substituting “the income chargeable to tax” for “the income tax charge”,

(d) in subsection (5)—

(i) by substituting “an amount chargeable to income tax” for “a charge to income tax”,

(ii) by substituting “the amount chargeable to income tax” for “the income tax charge”, and

(iii) by substituting “Income Tax Acts” for “Income Taxes Acts”,

and

(e) in subsection (6)—

(i) by substituting “an amount chargeable to income tax” for “a charge to income tax”, and

(ii) by substituting “the amount chargeable to income tax” for “the amount of the income tax charge”.

(2) (a) Paragraphs (a) and (b) of subsection (1) apply to shares acquired on or after 4 February 2010.

(b) Paragraphs (c), (d) and (e) of subsection (1) apply to shares acquired on or after 20 November 2008.