Building Societies Act, 1976

Prohibition of tax-free payment to directors.

45.—(1) It shall not be lawful for a society to pay a director remuneration (whether as director or otherwise) free of income tax or otherwise calculated by reference to or varying with the amount of his income tax or to or with the rate of income tax, except under a contract which was in force on the 5th day of December, 1975, and provides expressly (and not solely by reference to the rules of the society) for payment of such remuneration.

(2) Any provision in a society's rules, or in any contract other than a contract referred to in subsection (1), or in any resolution of a society or a society's directors, for payment to a director of remuneration as aforesaid shall have effect as if it provided for payment, as a gross sum subject to income tax of the net sum for which it actually provides.

(3) This section shall not apply to remuneration due or in respect of a period before the commencement of this section.

(4) In this section “remuneration” includes emoluments specified in section 44 (2).