Corporation Tax Act 2009 section 867

Provisions supplementing section 866

Section 867 provides supplementary rules that clarify how the delayed remuneration provisions in section 866 should be interpreted and applied in practice.

• Amounts reserved in the accounts with a view to becoming employees' remuneration count as debits for remuneration, regardless of whether they relate to specific or general employments
• Where an accounting debit is only partly related to remuneration covered by section 866, any required adjustment must be made on a just and reasonable basis
• If a tax calculation is made before the 9-month payment deadline expires, unpaid remuneration must be assumed to remain unpaid — but if it is subsequently paid within the deadline, the calculation and tax return can be amended
• Remuneration is treated as paid when the employee is regarded as having received it under the income tax rules in ITEPA 2003, and the definitions of employee and remuneration include office-holders and earnings respectively