Paragraph 9a - Does it apply to me?

[tanny25]

Does the following paragraph (9a) apply to me?

9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).

(a) The specified type of limited company is one in which:
(i) the person is a director of the company (or another company within the same group); and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

My circumstances
- I am an employee at my brothers limited company, he is the sole director (I do not have a share in this company, and I am not a director there either).
- My salary (at my brothers company) is well above the 18.5k requirement for the last 13 months.

I believe the paragraph 9a applies to me, but I might be interpreting it wrong. The reason I think it applies to me is because my brother is the director of the company I work for, but I do not know if 9a(i) overrides that (since I am not a director in his company myself).

Can you please help me interpret it right?

[Mojohnson]

If you are not a shareholder or director, does it not mean that you are just a full time employee at this company. I assume you have a contract and get paid regular salary etc. Correct ?

[haqhash]

In my opinion all three conditions need to be met

1. You are a director
2. And Shares are held by you OR a family member
3. And Remaining shares are help by less than 5 other persons


condition 1 does not apply to you so you are an employee. The company will be considered as specified limited company ONLY when ALL above conditions are met

You are OK mate