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Section 322(3) ITEPA 2003

Two employees, A and B, make a joint suggestion under a staff suggestion scheme which satisfies the conditions in section 321 ITEPA 2003 (see EIM06610).Their employer adopts the suggestion, and makes awards to A and B as follows:

31 March 2004: 拢1,000 to A and 拢500 to B

30 September 2004: 拢3,000 to A and 拢1,500 to B.

The suggestion maximum for the suggestion, calculated in accordance with EIM06630, is 拢4,500.

2003 to 2004: the total amount awarded in 2003 to 2004 (拢1,500) is less than the suggestion maximum (拢4,500), so the awards to A and B on 31 March 2004 are wholly exempt. The balance of the suggestion maximum (拢3,000) is carried forward to set against the later awards.

2004 to 2005: the apportionment formula in EIM06640 applies.

For employee A, the permitted maximum for the second award is:

(拢3,000 梅 (拢3,000 + 拢1,500)) 脳 拢3,000 = 拢2,000

This is less than the amount of A鈥檚 second award (拢3,000), so the difference (拢1,000) is taxable as employment income in 2004 to 2005.

For employee B, the permitted maximum for the second award is:

(拢1,500 梅 拢3,000 + 拢1,500)) 脳 拢3,000 = 拢1,000

This is less than the amount of B鈥檚 second award (拢1,500), so the difference (拢500) is taxable as employment income in 2004 to 2005.