Income Tax (Earnings and Pensions) Act 2003 section Sch 2 para 40

Performance allowances: information to be given to employees

Section Sch 2 para 40 requires companies operating share incentive plans with performance allowances to notify employees about the performance measures used to determine their free share awards.

  • Each participating employee must be told the specific performance targets and measures that will determine the number or value of their free shares.
  • All qualifying employees across the company (or group, for group plans) must be informed in general terms of the performance measures used for the award.
  • All notices must be given as soon as reasonably practicable.
  • The company may withhold information from the general notice where disclosure would reasonably be expected to prejudice commercial confidentiality.

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