BIM44140 - Specific deductions - employee share schemes: “Case law” ESOP trusts, a/c periods starting before 1 Jan 2003 - summary

The following section gives guidance on deductions for contributions to employee share ownership trusts which are not:

• SIP trusts (set up under Share Incentive Plans approved by HMRC under ITEPA03/SCH2, previously FA00/SCH8), see BIM44045.
• APS trusts (set up under Profit Sharing Schemes approved by HMRC under ICTA88/SCH9), see BIM44060.
• QUESTs (trusts which meet the qualifying conditions in FA89/SCH5), see BIM44065.

These ‘non-qualifying’ trusts are commonly referred to as “case law” employee share ownership (or ESOP) trusts because tax deductions for employers’ contributions to them depend on general tax case law principles.

The guidance in this section covers: