[Part 8 Notification of Schemes, Annual Returns and Enquiries]
Income Tax (Earnings and Pensions) Act 2003 (2003 c 1) | Legislation

[Part 8 Notification of Schemes, Annual Returns and Enquiries]

[Notice of scheme to be given to HMRC

40A

(1)     For an SAYE option scheme to be a Schedule 3 SAYE option scheme, notice of the scheme must be given to Her Majesty's Revenue and Customs (“HMRC”).

(2)     The notice must—

(a)     be given by the scheme organiser,

(b)     contain, or be accompanied by, such information as HMRC may require, and

(c)     contain a declaration within sub-paragraph (3) made by such persons as HMRC may require.

(3)     A declaration within this sub-paragraph is a declaration—

(a)     that the requirements of Parts 2 to 7 of this Schedule are met in relation to the scheme, and

(b)     if the declaration is made after the first date on which share options are granted under the scheme (“the first grant date”), that those requirements—

(i)     were met in relation to those grants of share options, and

(ii)     have otherwise been met in relation to the scheme at all times on or after the first grant date when share options granted under the scheme are outstanding.

(4)     If notice is given under this paragraph in relation to an SAYE

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