SE11920 - PAYE avoidance: former employers
Section 203L(1) ICTA 1988
Award of non-cash remuneration to a former employee
Where a Schedule E liability arises in respect of an award of
non-cash remuneration made to an ex-employee, the former employer
is obliged to operate PAYE.
The most common situation where an employer provides
assessable income to a former employee occurs when an employee is
granted an option whilst in employment but leaves that employment
before exercising the option. With the exception of “long
options” (see
SE11853) the income tax liability arises
at the time of exercise not at the date of award of the option.
If the employee exercises the option after leaving the
employment, and acquires shares which are readily convertible
assets, the employer is required to operate PAYE.
Regulation 24 of the PAYE regulations (Statutory instrument
1993/744) obliges employers to operate code BR when deducting and
accounting for PAYE from a former employee.
