SE11825 - Readily convertible assets: Example 5 - Reversionary interest in an offshore trust
Section 203F(2)(e) ICTA1988
Example 5
In November 1998 an employer awards a £50,000 bonus to an employee in the form of a Reversionary Interest in an Offshore trust (RIOT). The scheme details are:
- 7 November 1998 – a trust is created in the Isle of Man and a third party settles £50,000 in the trust. The deed stipulates that the trust will cease 8 days later when the capital will revert to the holder of the interest in the trust
- 10 November - the employer purchases the RIOT for £51,500 – the balance of £1500 is commission for the services of the trustee and settlor
- 12 November – the employer assigns the RIOT to the employee
- 15 November – as stipulated in the deed, the trust ceases and the employee receives £50,000.
Is the employer obliged to operate PAYE on the RIOT?
Yes. Under Section 203F(2)(e) ICTA1988 the RIOT is a readily
convertible asset because it is an asset that, without any action
by the employee, has enabled the employee to receive an amount of
money likely to be similar to the expense incurred (by the
employer) in providing the asset (see
SE11808).
If one ignores the £1,500 commission, the £50,000
received by the employee is identical to the cost incurred by the
employer in providing the RIOT, but in any event £50,000 is
similar to £51,500 because the definition of “
similar to” includes “
less than that amount but not substantially
so”(Section 203F(3C)(c)).
Consequently the employer should operate PAYE on £50,000
on 12 November 1998.
Was PAYE due on a similar award before 6 April 1998?
Yes, but for different reasons. Before 6 April 1998 a RIOT was a tradeable asset because the scheme arrangement ensured an employee would receive cash when the interest inevitably reverted at the expiry of the trust period. This is a trading arrangement under Section 203F(2)(c), before amendment by Finance Act 1998.
