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Income Tax (Earnings and Pensions) Act 2003

United Kingdom · statute

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In force since 2026-07-15, as the publisher states.

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 1,080 provisions
  1. Title and introductory text
  2. 1 Overview of contents of this Act
  3. 2 Abbreviations and general index in Schedule 1
  4. 3 Structure of employment income Parts
  5. 4 “Employment” for the purposes of the employment income Parts
  6. 5 Application to offices and office-holders
  7. 6 Nature of charge to tax on employment income
  8. 7 Meaning of “employment income”, “general earnings” and “specific employment income”
  9. 8 Meaning of “exempt income”
  10. 9 Amount of employment income charged to tax
  11. 10 Meaning of “taxable earnings” and “taxable specific income”
  12. 11 Calculation of “net taxable earnings”
  13. 12 Calculation of “net taxable specific income”
  14. 13 Person liable for tax
  15. 14 Taxable earnings under this Chapter: introduction
  16. 15 Earnings for year when employee UK resident
  17. 16 Meaning of earnings “for” a tax year
  18. 17 Treatment of earnings for year in which employment not held
  19. 18 Receipt of money earnings
  20. 19 Receipt of non-money earnings
  21. 20 Taxable earnings under this Chapter: introduction
  22. 21 Earnings for year when employee resident and ordinarily resident, but not domiciled, in UK, except chargeable overseas earnings
  23. 22 Chargeable overseas earnings for year when remittance basis applied and employee outside section 26
  24. 23 Calculation of “chargeable overseas earnings”
  25. 24 Limit on chargeable overseas earnings where duties of associated employment performed in UK
  26. 24A Restrictions on remittance basis
  27. 24B Definitions of “C” and “I” for the purposes of section 24A(14)
  28. 25 UK-based earnings for year when employee resident, but not ordinarily resident, in UK
  29. 26 Foreign earnings for year when remittance basis applied and employee met section 26A requirement
  30. 26A Section 26: requirement for 3-year period of non-residence
  31. 27 UK-based earnings for year when employee not resident in UK
  32. 28 Meaning of “general earnings from overseas Crown employment subject to UK tax”
  33. 29 Meaning of earnings “for” a tax year
  34. 30 Treatment of earnings for year in which employment not held
  35. 38 Earnings for period of absence from employment
  36. 38A Earnings relating to duties not performed
  37. 39 Duties in UK merely incidental to duties outside UK
  38. 40 Duties on board vessel or aircraft
  39. 41 Employment in UK sector of continental shelf
  40. 41ZA Basis of apportionment
  41. 41A Taxable specific income from employment-related securities: effect of remittance basis
  42. 41B Section 41A: the relevant period
  43. 41C Section 41A: foreign securities income
  44. 41D Limit on foreign securities income where duties of associated employment performed in UK
  45. 41E Foreign securities income: just and reasonable apportionment
  46. 41F Taxable specific income: internationally mobile employees etc
  47. 41G Section 41F: the relevant period
  48. 41H Section 41F: chargeable and unchargeable foreign securities income
  49. 41I Limit on “chargeable foreign securities income” where duties of associated employment performed in UK
  50. 41J Location of employment duties
  51. 41K Securities income from overseas Crown employment
  52. 41L Chargeable and unchargeable foreign securities income: just and reasonable apportionment
  53. 41M Foreign employment election for qualifying new residents
  54. 41N Key definitions
  55. 41P Claim for relief for qualifying new residents
  56. 41Q Amount of relief available
  57. 41R Limit on relief
  58. 41S Effect of claim on relief for contributions to registered pension schemes
  59. 41T Foreign employment relief ignored for purposes of determining adjusted net income
  60. 41U Qualifying foreign general earnings
  61. 41V Qualifying foreign third party income
  62. 41W Qualifying foreign securities income
  63. 41X Meaning of “overseas Crown employment subject to UK tax”
  64. 41Y Location of employment duties
  65. 41Z Artificial arrangements to be disregarded
  66. 41Z1 Limit on qualifying foreign employment income from associated employments
  67. 43 Appeal against Commissioners' decision on domicile or ordinary residence
  68. 44 Treatment of workers supplied by agencies
  69. 45 Arrangements with agencies
  70. 46 Cases involving unincorporated bodies etc.
  71. 46A Anti-avoidance
  72. 47 Interpretation of this Chapter
  73. 48 Scope of this Chapter
  74. 49 Engagements to which this Chapter applies
  75. 50 Worker treated as receiving earnings from employment
  76. 51 Conditions of liability where intermediary is a company
  77. 52 Conditions of liability where intermediary is a partnership
  78. 53 Conditions of liability where intermediary is an individual
  79. 54 Calculation of deemed employment payment
  80. 55 Application of rules relating to earnings from employment
  81. 56 Application of Income Tax Acts in relation to deemed employment
  82. 57 Earlier date of deemed employment payment in certain cases
  83. 58 Relief in case of distributions by intermediary
  84. 59 Provisions applicable to multiple intermediaries
  85. 60 Meaning of “associate”
  86. 60A When a company qualifies as small for a tax year
  87. 60B When a company qualifies as small for a tax year: joint ventures
  88. 60C When a company qualifies as small for a tax year: subsidiaries
  89. 60D When a relevant undertaking qualifies as small for a tax year
  90. 60E When other undertakings qualify as small for a tax year
  91. 60F When other persons qualify as small for a tax year
  92. 60G Sections 60A to 60F: connected persons
  93. 60H Duty on client to state whether it qualifies as small for a tax year
  94. 60I When a person has a UK connection for a tax year
  95. 61 Interpretation
  96. 61A Scope of this Chapter
  97. 61B Meaning of “managed service company”
  98. 61C Section 61B: supplementary
  99. 61D Worker treated as receiving earnings from employment
  100. 61E Calculation of deemed employment payment
  101. 61F Sections 61D and 61E: application of rules relating to earnings from employment
  102. 61G Application of Income Tax Acts in relation to deemed employment
  103. 61H Relief in case of distributions by managed service company
  104. 61I Meaning of “associate”
  105. 61J Interpretation of Chapter
  106. 61K Scope of this Chapter
  107. 61L Meaning of “public authority”
  108. 61M Engagements to which Chapter applies
  109. 61N Worker treated as receiving earnings from employment
  110. 61NA Meaning of status determination statement
  111. 61O Conditions where intermediary is a company
  112. 61P Conditions where intermediary is a partnership
  113. 61Q Calculation of deemed direct payment
  114. 61R Application of Income Tax Acts in relation to deemed employment
  115. 61S Deductions from chain payments
  116. 61T Client-led status disagreement process
  117. 61TA Duty for client to withdraw status determination statement if it ceases to be medium or large
  118. 61U Information to be provided by worker or intermediary and consequences of failure
  119. 61V Consequences of providing fraudulent information
  120. 61W Prevention of double charge to tax and allowance of certain deductions
  121. 61WA Anti-avoidance
  122. 61X Interpretation
  123. 61Y Umbrella companies: joint and several liability
  124. 61Z Relevant parties
  125. 61Z1 Purported umbrella companies
  126. 61Z2 Disclosures to liable persons
  127. 62 Earnings
  128. 63 The benefits code
  129. 64 Relationship between earnings and benefits code
  130. 65 Dispensations relating to benefits within provisions not applicable to lower-paid employment
  131. 66 Meaning of “employment” and related expressions
  132. 67 Meaning of “director” and “full-time working director”
  133. 68 Meaning of “material interest” in a company
  134. 69 Extended meaning of “control”
  135. 69A Optional remuneration arrangements
  136. 69B Optional remuneration arrangements: supplementary
  137. 70 Sums in respect of expenses
  138. 71 Meaning of paid or put at disposal by reason of the employment
  139. 72 Sums in respect of expenses treated as earnings
  140. 73 Cash vouchers to which this Chapter applies
  141. 74 Provision for, or receipt by, member of employee’s family
  142. 75 Meaning of “cash voucher”
  143. 76 Sickness benefits-related voucher
  144. 77 Apportionment of cost of provision of voucher
  145. 78 Voucher made available to public generally
  146. 79 Voucher issued under approved scheme
  147. 80 Vouchers where payment of sums exempt from tax
  148. 81 Benefit of cash voucher treated as earnings
  149. 82 Non-cash vouchers to which this Chapter applies
  150. 83 Provision for, or receipt by, member of employee’s family
  151. 84 Meaning of “non-cash voucher”
  152. 85 Non-cash voucher made available to public generally
  153. 86 Transport vouchers under pre-26th March 1982 arrangements
  154. 87 Benefit of non-cash voucher treated as earnings
  155. 87A Benefit of non-cash voucher treated as earnings: optional remuneration arrangements
  156. 88 Year in which earnings treated as received
  157. 89 Reduction for meal vouchers
  158. 90 Credit-tokens to which this Chapter applies
  159. 91 Provision for, or use by, member of employee’s family
  160. 92 Meaning of “credit-token”
  161. 93 Credit-token made available to public generally
  162. 94 Benefit of credit-token treated as earnings
  163. 94A Benefit of credit-token treated as earnings: optional remuneration arrangements
  164. 95 Disregard for money, goods or services obtained
  165. 96 Dispensations relating to vouchers or credit-tokens
  166. 96A Power to exempt use of non-cash vouchers or credit-tokens to obtain exempt benefits
  167. 97 Living accommodation to which this Chapter applies
  168. 98 Accommodation provided by local authority
  169. 99 Accommodation provided for performance of duties
  170. 100 Accommodation provided as result of security threat
  171. 100A Homes outside UK owned through company etc
  172. 100B Section 100A(1): exceptions
  173. 101 Chevening House
  174. 102 Benefit of living accommodation treated as earnings
  175. 103 Method of calculating cash equivalent
  176. 103A Accommodation provided pursuant to optional remuneration arrangements: relevant amount
  177. 104 General rule for calculating cost of providing accommodation
  178. 105 Cash equivalent: cost of accommodation not over £75,000
  179. 105A Lease premiums
  180. 105B Lease premiums in the case of leases with break clauses
  181. 106 Cash equivalent: cost of accommodation over £75,000
  182. 107 Special rule for calculating cost of providing accommodation
  183. 108 Cash equivalent: accommodation provided for more than one employee
  184. 109 Priority of this Chapter over Chapter 1 of this Part
  185. 110 Meaning of “annual value”
  186. 111 Disputes as to annual value
  187. 112 Meaning of “person involved in providing the accommodation”
  188. 113 Meaning of “the property”
  189. 114 Cars, vans and related benefits
  190. 115 Meaning of “car” and “van”
  191. 116 Meaning of when car or van is available to employee
  192. 117 Meaning of car or van made available by reason of employment
  193. 118 Availability for private use
  194. 119 Where alternative to benefit of low emission car or van offered
  195. 120 Benefit of car treated as earnings
  196. 120A Benefit of car treated as earnings: optional remuneration arrangements
  197. 121 Method of calculating the cash equivalent of the benefit of a car
  198. 121A Optional remuneration arrangements: method of calculating relevant amount
  199. 121B Meaning of “modified cash equivalent”
  200. 122 The price of the car
  201. 123 The list price of a car
  202. 124 The notional price of a car with no list price
  203. 124A Automatic car for a disabled employee
  204. 125 Meaning of “accessory” and related terms
  205. 125A Security features not to be regarded as accessories
  206. 126 Amounts taken into account in respect of accessories
  207. 127 The list price of an accessory
  208. 128 Accessory: published price of the car manufacturer etc.
  209. 129 Accessory: published price of the accessory manufacturer etc.
  210. 130 The notional price of an accessory
  211. 131 Replacement accessories
  212. 132 Capital contributions by employee
  213. 132A Capital contributions by employee: optional remuneration arrangements
  214. 133 How to determine the “appropriate percentage”
  215. 134 Meaning of car with or without a CO2 emissions figure
  216. 135 Car with a CO2 emissions figure: pre-October 1999 registration
  217. 136 Car with a CO2 emissions figure: registration from 1st October 1999 to IP completion day
  218. 136A Car with a CO2 emissions figure: registration on or after IP completion day
  219. 137 Car with a CO2 emissions figure: bi-fuel cars : registration from 1st January 2000 to IP completion day
  220. 137A Car with a CO2 emissions figure: bi-fuel cars registered on or after IP completion day
  221. 138 Car with a CO2 emissions figure: automatic car for a disabled employee
  222. 138A Certain cars with a CO2 emissions figure and an electric range figure
  223. 139 Cars with a CO2 emissions figure: the appropriate percentage
  224. 140 Car without a CO2 emissions figure: the appropriate percentage
  225. 141 Diesel cars: the appropriate percentage
  226. 142 Car first registered before 1st January 1998: the appropriate percentage
  227. 143 Deduction for periods when car unavailable
  228. 144 Deduction for payments for private use
  229. 145 Modification of provisions where car temporarily replaced
  230. 146 Cars that run on road fuel gas
  231. 147 Classic cars: 15 years of age or more
  232. 147A Classic cars: optional remuneration arrangements
  233. 148 Reduction of cash equivalent where car is shared
  234. 149 Benefit of car fuel treated as earnings
  235. 149A Benefit of car fuel treated as earnings: optional remuneration arrangements
  236. 150 Car fuel: calculating the cash equivalent
  237. 151 Car fuel: nil cash equivalent
  238. 152 Car fuel: proportionate reduction of cash equivalent
  239. 153 Car fuel: reduction of cash equivalent
  240. 154 Benefit of van treated as earnings
  241. 154A Benefit of van treated as earnings: optional remuneration arrangements
  242. 155 Cash equivalent of the benefit of a van
  243. 156 Meaning of “shared van”
  244. 157 Reduction of cash equivalent where van is shared
  245. 158 Reduction for payments for private use
  246. 158A Van provided pursuant to optional remuneration arrangements: private use
  247. 159 Modification of provisions where van temporarily replaced
  248. 160 Benefit of van fuel treated as earnings
  249. 160A Benefit of van fuel treated as earnings: optional remuneration arrangements
  250. 161 Van fuel: the cash equivalent
  251. 162 Van fuel: nil cash equivalent
  252. 163 Van fuel: proportionate reduction of cash equivalent
  253. 164 Van fuel: reduction of cash equivalent
  254. 167 Pooled cars
  255. 168 Pooled vans
  256. 169 Car available to more than one member of family or household employed by same employer
  257. 169A Van available to more than one member of family or household employed by same employer
  258. 170 Orders etc. relating to this Chapter
  259. 171 Minor definitions: general
  260. 172 Minor definitions: equipment to enable a disabled person to use a car
  261. 173 Loans to which this Chapter applies
  262. 173A Alternative finance arrangements
  263. 174 Employment-related loans
  264. 175 Benefit of taxable cheap loan treated as earnings
  265. 175A Optional remuneration arrangements: “relevant amount” and “modified cash equivalent”
  266. 176 Exception for loans on ordinary commercial terms
  267. 177 Exceptions for loans at fixed rate of interest
  268. 178 Exception for loans where interest qualifies for tax relief
  269. 179 Exception for certain advances for necessary expenses
  270. 180 Threshold for benefit of loan to be treated as earnings
  271. 181 The official rate of interest
  272. 182 Normal method of calculation: averaging
  273. 183 Alternative method of calculation
  274. 184 Interest treated as paid
  275. 185 Apportionment of cash equivalent in case of joint loan etc.
  276. 186 Replacement loans
  277. 187 Aggregation of loans by close company to director
  278. 188 Loan released or written off: amount treated as earnings
  279. 189 Exception where double charge
  280. 190 Exclusion of charge after death of employee
  281. 191 Claim for relief to take account of event after assessment
  282. 201 Employment-related benefits
  283. 202 Excluded benefits
  284. 203 Cash equivalent of benefit treated as earnings
  285. 203A Employment-related benefit provided under optional remuneration arrangements
  286. 204 Cost of the benefit: basic rule
  287. 205 Cost of the benefit: asset made available without transfer
  288. 205A Deduction for periods when asset unavailable for private use
  289. 205B Reduction of cost of taxable benefit where asset is shared
  290. 206 Cost of the benefit: transfer of used or depreciated asset
  291. 207 Meaning of “annual rental value”
  292. 208 Meaning of “market value”
  293. 209 Meaning of “persons providing benefit”
  294. 210 Power to exempt minor benefits
  295. 211 Special rules for scholarships: introduction
  296. 212 Scholarships provided under arrangements entered into by employer or connected person
  297. 213 Exception for certain scholarships under trusts or schemes
  298. 214 Scholarships: cost of the benefit
  299. 215 Limitation of exemption for scholarship income in section 776(1) of ITTOIA 2005
  300. 221 Payments where employee absent because of sickness or disability
  301. 222 Payments by employer on account of tax where deduction not possible
  302. 223 Payments on account of director’s tax other than by the director
  303. 224 Payments to non-approved personal pension arrangements
  304. 225 Payments for restrictive undertakings
  305. 226 Valuable consideration given for restrictive undertakings
  306. 226A Amount treated as earnings
  307. 226C Only one payment deemed to be made under associated agreements
  308. 226E Sporting testimonial payments
  309. 227 Scope of Part 4
  310. 228 Effect of exemptions on liability under provisions outside Part 2
  311. 228A General exclusion from exemptions: optional remuneration arrangements
  312. 229 Mileage allowance payments
  313. 230 The approved amount for mileage allowance payments
  314. 231 Mileage allowance relief
  315. 232 Giving effect to mileage allowance relief
  316. 233 Passenger payments
  317. 234 The approved amount for passenger payments
  318. 235 Vehicles to which this Chapter applies
  319. 235A Journeys made by members of local authorities etc
  320. 236 Interpretation of this Chapter
  321. 237 Parking provision and expenses
  322. 237A Vehicle-battery charging
  323. 238 Modest private use of heavy goods vehicles
  324. 239 Payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles
  325. 240 Incidental overnight expenses and benefits
  326. 241 Incidental overnight expenses and benefits: overall exemption limit
  327. 241A Travel by unpaid directors of not-for-profit companies
  328. 241B Travel where directorship held as part of trade or profession
  329. 242 Works transport services
  330. 243 Support for public bus services
  331. 244 Cycles and cyclist’s safety equipment
  332. 245 Travelling and subsistence during public transport strikes
  333. 246 Transport between work and home for disabled employees: general
  334. 247 Provision of cars for disabled employees
  335. 248 Transport home: late night working and failure of car-sharing arrangements
  336. 248A Emergency vehicles
  337. 249 Interpretation of this Chapter
  338. 250 Exemption of work-related training provision
  339. 251 Meaning of “work-related training”
  340. 252 Exception for non-deductible travel expenses
  341. 253 Exception where provision for excluded purposes
  342. 254 Exception where unrelated assets are provided
  343. 254A Apprenticeship bursaries paid to persons leaving local authority care
  344. 255 Exemption for contributions to individual learning account training
  345. 256 Meaning of “individual learning account training”
  346. 257 Exception for non-deductible travel expenses
  347. 258 Exception where provision for excluded purposes
  348. 259 Exception where unrelated assets are provided
  349. 260 Exception where training not generally available to staff
  350. 261 Exemption of recreational benefits
  351. 262 Benefits not exempted by section 261
  352. 263 Power to alter benefits to which section 261 applies
  353. 264 Annual parties and functions
  354. 265 Third party entertainment
  355. 266 Exemption of non-cash vouchers for exempt benefits
  356. 267 Exemption of credit-tokens used for exempt benefits
  357. 268 Exemption of vouchers and tokens for incidental overnight expenses
  358. 269 Exemption where benefits or money obtained in connection with taxable car or van or exempt heavy goods vehicle
  359. 270 Exemption for small gifts of vouchers and tokens from third parties
  360. 270A Limited exemption for qualifying childcare vouchers
  361. 270AA Meaning of “eligible employee”
  362. 270B Meaning of “relevant earnings amount” and “required time”
  363. 271 Limited exemption of removal benefits and expenses: general
  364. 272 Removal benefits and expenses to which section 271 applies
  365. 273 Conditions applicable to change of residence
  366. 274 Meaning of “the limitation day”
  367. 275 Meaning of “the employment change”
  368. 276 Meaning of “residence”, “former residence” and “new residence” etc.
  369. 277 Acquisition benefits and expenses
  370. 278 Abortive acquisition benefits and expenses
  371. 279 Disposal benefits and expenses
  372. 280 Transporting belongings
  373. 281 Travelling and subsistence
  374. 282 Exclusion from section 281 of benefits and expenses where deduction allowed
  375. 283 Exclusion from section 281 of taxable car and van facilities
  376. 284 Bridging loan expenses
  377. 285 Replacement of domestic goods
  378. 286 Power to amend sections 277 to 285
  379. 287 Limit on exemption
  380. 288 Limited exemption of certain bridging loans connected with employment moves
  381. 289 Relief for certain bridging loans not qualifying for exemption under section 288
  382. 289A Exemption for paid or reimbursed expenses
  383. 289B Approval to pay or reimburse expenses at a flat rate
  384. 289C Revocation of approvals
  385. 289D Exemption for other benefits
  386. 289E Anti-avoidance
  387. 290 Accommodation benefits of ministers of religion
  388. 290A Accommodation outgoings of lower-paid ministers of religion
  389. 290B Allowances paid to lower-paid ministers of religion in respect of accommodation outgoings
  390. 290C Provisions of benefits code not applicable to lower-paid ministers of religion
  391. 290D Meaning of “lower-paid employment as a minister of religion”
  392. 290E Calculation of earnings rate for a tax year
  393. 290F Extra amounts to be added in connection with a car
  394. 290G Related employments
  395. 291 Termination payments to MPs and others ceasing to hold office
  396. 292 Accommodation expenses of MPs
  397. 293 Overnight expenses of other elected representatives
  398. 293A UK travel and subsistence expenses of MPs
  399. 293B UK travel expenses of other elected representatives
  400. 294 European travel expenses of MPs and other representatives
  401. 295 Transport and subsistence for Government ministers etc.
  402. 295A Travel expenses of members of local authorities etc
  403. 296 Armed forces' leave travel facilities
  404. 297 Armed forces' food, drink and mess allowances
  405. 297A Armed forces: the Operational Allowance
  406. 297B Armed forces: the Council Tax Relief
  407. 297C Armed forces: Continuity of Education Allowance
  408. 297D Armed forces: accommodation allowances
  409. 298 Reserve and auxiliary forces' training allowances
  410. 299 Crown employees' foreign service allowances
  411. 299A Voluntary office-holders: compensation for lost employment income
  412. 299B Voluntary office-holders: payments in respect of expenses
  413. 300 Consuls
  414. 301 Official agents
  415. 302 Consular employees
  416. 303 Visiting forces etc
  417. 304 Experts seconded to European Commission
  418. 304A Experts seconded to other European Union bodies
  419. 305 Offshore oil and gas workers: mainland transfers
  420. 306 Miners etc: coal and allowances in lieu of coal
  421. 306A Carers: board and lodging
  422. 306B Limited exemption for sporting testimonial payments
  423. 307 Death or retirement benefit provision
  424. 308 Exemption of contributions to registered pension scheme
  425. 308A Exemption of contributions to overseas pension scheme
  426. 308B Independent advice in respect of conversions and transfers of pension scheme benefits
  427. 308C Provision of pensions advice: limited exemption
  428. 309 Limited exemptions for statutory redundancy payments
  429. 310 Counselling and other outplacement services
  430. 311 Retraining courses
  431. 312 Recovery of tax
  432. 312A Limited exemption for qualifying bonus payments
  433. 312B “Qualifying bonus payments”
  434. 312C Section 312B: the participation and equality requirements
  435. 312D Section 312B: the trading requirement
  436. 312E Section 312B: the indirect employee-ownership requirement
  437. 312F Section 312B: the office-holder requirement
  438. 312G “Service company”
  439. 312H Excluded payments
  440. 312I Interpretation of Chapter 10A
  441. 313 Repairs and alterations to living accommodation
  442. 314 Council tax etc. paid for certain living accommodation
  443. 315 Limited exemption for expenses connected with certain living accommodation
  444. 316 Accommodation, supplies and services used in employment duties
  445. 316ZA Accommodation, supplies and services used in employment duties: payment or reimbursement of expenses
  446. 316A Homeworker’s additional household expenses
  447. 317 Subsidised meals
  448. 318 Childcare: exemption for employer-provided care
  449. 318A Childcare: limited exemption for other care
  450. 318AZA Meaning of “eligible employee”
  451. 318AA Meaning of “relevant earnings amount” and “required time”
  452. 318B Childcare: meaning of “care”, “child” and “parental responsibility”
  453. 318C Childcare: meaning of “qualifying child care”
  454. 318D Childcare: power to vary amounts which are the exempt amount and qualifying conditions
  455. 319 Mobile telephones
  456. 320 Limited exemption for computer equipment
  457. 320A Eye tests and special corrective appliances
  458. 320B Health-screening and medical check-ups
  459. 320C Recommended medical treatment
  460. 320D Flu vaccinations
  461. 321 Suggestion awards
  462. 322 Suggestion awards: “the permitted maximum”
  463. 323 Long service awards
  464. 323A Trivial benefits provided by employers
  465. 323B Section 323A: calculation of available exempt amount
  466. 323C Power to amend sections 323A and 323B
  467. 324 Small gifts from third parties
  468. 325 Overseas medical treatment
  469. 325A Health and employment insurance payments
  470. 326 Expenses incidental to transfer of a kind not normally met by transferor
  471. 326A Fees relating to monitoring schemes relating to vulnerable persons
  472. 326B Advice relating to proposed employee shareholder agreements
  473. 327 Deductions from earnings: general
  474. 328 The income from which deductions may be made
  475. 329 Deductions from earnings not to exceed earnings
  476. 330 Prevention of double deductions
  477. 331 Order for making deductions
  478. 332 Meaning of “the deductibility provisions”
  479. 333 Scope of this Chapter: expenses paid by the employee
  480. 334 Effect of reimbursement etc.
  481. 335 Application of deductions provisions: “earnings charged on receipt” and “earnings charged on remittance”
  482. 336 Deductions for expenses: the general rule
  483. 337 Travel in performance of duties
  484. 338 Travel for necessary attendance
  485. 339 Meaning of “workplace” and “permanent workplace”
  486. 339A Travel for necessary attendance: employment intermediaries
  487. 340 Travel between group employments
  488. 340A Travel between linked employments
  489. 341 Travel at start or finish of overseas employment
  490. 342 Travel between employments where duties performed abroad
  491. 343 Deduction for professional membership fees
  492. 344 Deduction for annual subscriptions
  493. 345 Decisions of an officer of Revenue and Customs under section 344
  494. 346 Deduction for employee liabilities and expenses
  495. 347 Payments made after leaving the employment
  496. 348 Liabilities related to the employment
  497. 349 Meaning of “qualifying insurance contract”
  498. 350 Connected contracts
  499. 351 Expenses of ministers of religion
  500. 352 Limited deduction for agency fees paid by entertainers
  501. 353 Deductions from earnings charged on remittance
  502. 354 Disallowance of expenses relating to earnings taxed on different basis or untaxed
  503. 355 Deductions for corresponding payments by qualifying new resident employees with foreign employers
  504. 356 Disallowance of business entertainment and gifts expenses
  505. 357 Business entertainment and gifts: exception where employer’s expenses disallowed
  506. 358 Business entertainment and gifts: other exceptions
  507. 359 Disallowance of travel expenses: mileage allowances and reliefs
  508. 360 Disallowance of certain accommodation expenses of MPs and other representatives
  509. 360A Social security contributions
  510. 360B Additional household expenses
  511. 361 Scope of this Chapter: cost of benefits deductible as if paid by employee
  512. 362 Deductions where non-cash voucher provided
  513. 363 Deductions where credit-token provided
  514. 364 Deductions where living accommodation provided
  515. 365 Deductions where certain employment-related benefits provided
  516. 366 Scope of this Chapter: amounts fixed by Treasury
  517. 367 Fixed sum deductions for repairing and maintaining work equipment
  518. 368 Fixed sum deductions from earnings payable out of public revenue
  519. 369 Scope of this Chapter: earnings representing benefits or reimbursed expenses
  520. 370 Travel costs and expenses where duties performed abroad: employee’s travel
  521. 371 Travel costs and expenses where duties performed abroad: visiting spouse’s , civil partner's or child’s travel
  522. 372 Where seafarers' duties are performed
  523. 373 Non-resident or qualifying new resident employee’s travel costs and expenses where duties performed in UK
  524. 374 Non-resident or qualifying new resident employee’s spouse’s , civil partner's or child’s travel costs and expenses where duties performed in UK
  525. 375 Meaning of “qualifying arrival date”
  526. 376 Foreign accommodation and subsistence costs and expenses (overseas employments)
  527. 377 Costs and expenses in respect of personal security assets and services
  528. 378 Deduction from seafarers' earnings: eligibility
  529. 379 Calculating the deduction
  530. 380 Limit on deduction where UK duties etc. make amount unreasonable
  531. 381 Taking account of other deductions
  532. 382 Duties on board ship
  533. 383 Place of performance of incidental duties
  534. 384 Meaning of employment “as a seafarer”
  535. 385 Meaning of “ship”
  536. 393 Application of this Chapter
  537. 393A Employer-financed retirement benefits scheme
  538. 393B Relevant benefits
  539. 394 Charge on benefit to which this Chapter applies
  540. 394A Temporary non-residents
  541. 395 Reduction where employee has contributed
  542. 395A Benefits under old section 222 schemes not taxed by virtue of section 394
  543. 395B Exemption or reduction for foreign service
  544. 395C Meaning of “foreign service” in section 395B
  545. 396 Certain lump sums not taxed by virtue of section 394
  546. 397 Certain lump sums: calculation of amount taxed by virtue of section 394
  547. 398 Valuation of benefits
  548. 399 Employment-related loans: interest treated as paid
  549. 399A Responsible person
  550. 400 Interpretation
  551. 401 Application of this Chapter
  552. 402 Meaning of “benefit”
  553. 402A Split of payments and other benefits between sections 402B and 403
  554. 402B Termination awards not benefiting from threshold to be treated as earnings
  555. 402C The termination awards to which section 402B applies
  556. 402D “Post-employment notice pay”
  557. 402E Meaning of “trigger date” and “post-employment notice period” in section 402D
  558. 403 Charge on payment or other benefit where threshold applies
  559. 404 How the £30,000 threshold applies
  560. 404A Amounts charged to be treated as highest part of total income
  561. 404B Power to vary threshold
  562. 405 Exception for certain payments exempted when received as earnings
  563. 406 Exception for death or disability payments and benefits
  564. 407 Exception for payments and benefits under tax-exempt pension schemes
  565. 408 Exception for contributions to registered pension schemes
  566. 409 Exception for payments and benefits in respect of certain legal expenses etc and indemnity insurance
  567. 410 Exception for payments and benefits in respect of certain legal expenses etc and indemnity insurance: individual deceased
  568. 411 Exception for payments and benefits for forces
  569. 412 Exception for payments and benefits provided by foreign governments etc.
  570. 413 Exception in certain cases of foreign service
  571. 413A Exception for payment of certain legal costs
  572. 414 Reduction in other cases of foreign service
  573. 414A Exception for payments and benefits under section 615(3) schemes
  574. 414B Exception in certain cases of foreign service as seafarer
  575. 414C Reduction in other cases of foreign service as seafarer
  576. 415 Valuation of benefits
  577. 416 Notional interest treated as paid if amount charged for beneficial loan
  578. 417 Scope of Part 7
  579. 418 Other related provisions
  580. 419 Negative amounts treated as nil
  581. 420 Meaning of “securities” etc
  582. 421 Meaning of “market value” etc
  583. 421A Meaning of “consideration”
  584. 421B Application of Chapters 2 to 4A
  585. 421C Associated persons
  586. 421D Replacement and additional securities and changes in interests
  587. 421E Exclusions: residence etc
  588. 421F Exclusions: public offers
  589. 421G Exclusions: approved plan or scheme securities
  590. 421H Meaning of “employee-controlled” etc
  591. 421I Consideration for acquisition of employment-related securities
  592. 421J Duty to provide information
  593. 421JA Annual returns
  594. 421JB Returns to be given electronically
  595. 421JC Penalties for late returns
  596. 421JD Penalty if information not given correctly
  597. 421JE Assessment of penalties
  598. 421JF Appeals
  599. 421K Reportable events
  600. 421L Persons to whom section 421J applies
  601. 422 Application of this Chapter
  602. 423 “Restricted securities” and “restricted interest in securities”
  603. 424 Exceptions
  604. 425 No charge in respect of acquisition in certain cases
  605. 426 Charge on occurrence of chargeable event
  606. 427 Chargeable events
  607. 428 Amount of charge
  608. 428A Relief for secondary Class 1 contributions met by employee
  609. 429 Case outside charge under section 426
  610. 430 Election for outstanding restrictions to be ignored
  611. 430A Application of this Chapter where securities exchanged for further securities
  612. 431 Election for full or partial disapplication of this Chapter
  613. 431A Shares under tax advantaged plan or scheme
  614. 431B Securities acquired for purpose of avoidance
  615. 432 Definitions
  616. 435 Application of this Chapter
  617. 436 “Convertible securities”
  618. 437 Adjustment of charge
  619. 438 Charge on occurrence of chargeable event
  620. 439 Chargeable events
  621. 440 Amount of charge
  622. 441 Amount of gain realised on occurrence of chargeable event
  623. 442 Amount of consideration given for entitlement to convert
  624. 442A Relief for secondary Class 1 contributions met by employee
  625. 443 Case outside charge under section 438
  626. 444 Definitions
  627. 446A Application of this Chapter
  628. 446B Charge on acquisition
  629. 446C Amount of charge
  630. 446D Restricted securities and convertible securities
  631. 446E Charge on restricted securities
  632. 446F Adjustment of market value: conditional interests
  633. 446G Adjustment of market value: consideration for entitlement to convert
  634. 446H Adjustment of market value: charge on conversion
  635. 446I Adjustment of consideration or benefit received
  636. 446IA Disapplication of exceptions from charges
  637. 446J Definitions
  638. 446K Application of this Chapter
  639. 446L Charge on non-commercial increases
  640. 446M Securities subject to restriction on valuation date
  641. 446N Securities subject to restriction during relevant period
  642. 446NA Disapplication of exceptions from charges
  643. 446O “Relevant period” and “valuation date”
  644. 446P Definitions
  645. 446Q Application of this Chapter
  646. 446R Case outside this Chapter
  647. 446S Notional loan
  648. 446T Amount of notional loan
  649. 446U Discharge of notional loan
  650. 446UA Pre-acquisition avoidance cases
  651. 446V Chapter to be additional to other income tax charges
  652. 446W Definitions
  653. 446X Application of this Chapter
  654. 446Y Amount treated as income
  655. 446Z Definitions
  656. 447 Charge on other chargeable benefits from securities
  657. 448 Amount of charge
  658. 449 Case outside this Chapter
  659. 450 Definitions
  660. 451 Amount of charge
  661. 452 Cases outside charge under section 449
  662. 453 Charge on increase in value of shares of dependent subsidiary
  663. 454 Chargeable increases
  664. 455 Amount of charge
  665. 456 Cases outside charge under section 453
  666. 457 Charge on other chargeable benefits from shares
  667. 458 Chargeable benefits
  668. 459 Amount of charge
  669. 460 Cases outside charge under section 457
  670. 461 Related acquisitions of additional shares
  671. 462 Company reorganisations etc.
  672. 463 Disposals of shares to connected persons etc. ignored
  673. 464 Application to interests in shares
  674. 465 Duty to notify acquisitions of shares or interests in shares
  675. 466 Duty to notify chargeable events and chargeable benefits
  676. 467 Meaning of “dependent subsidiary”
  677. 468 Meaning of “employee-controlled”
  678. 469 Shares “held by outside shareholders”
  679. 470 Minor definitions
  680. 451 Application of this Chapter
  681. 452 Market value on acquisition
  682. 453 Taxable amount under Chapter 4
  683. 454 Deemed election for disapplication of Chapter 2
  684. 455 Disapplication of Chapter 3B
  685. 456 Meaning of “intellectual property” and “transfer”
  686. 457 Meaning of “research institution”
  687. 458 Meaning of “involved in research”
  688. 459 Transfer of intellectual property by controlled company
  689. 460 Definitions
  690. 471 Options to which this Chapter applies
  691. 472 Associated persons
  692. 473 Introduction to taxation of securities options
  693. 474 Cases where this Chapter does not apply
  694. 475 No charge in respect of acquisition of option
  695. 476 Charge on occurrence of chargeable event
  696. 477 Chargeable events
  697. 478 Amount of charge
  698. 479 Amount of gain realised on occurrence of chargeable event
  699. 480 Deductible amounts
  700. 481 Relief for secondary Class 1 contributions met by employee
  701. 482 Relief for special contribution met by employee
  702. 483 Application of this Chapter where option exchanged for another
  703. 484 Definitions
  704. 485 Application of this Chapter where share option exchanged for another
  705. 486 Duty to notify matters relating to share options
  706. 487 Minor definitions
  707. 488 ... Share incentive plans (SIPs)
  708. 489 Operation of tax advantages in connection with Schedule 2 SIP
  709. 490 No charge on award or acquisition of shares: general
  710. 491 No charge on award of shares as taxable benefit
  711. 492 No charge on partnership share money deducted from salary
  712. 493 No charge on acquisition of dividend shares
  713. 494 No charge on removal of restrictions applying to shares
  714. 495 No charge on increase in value of shares of dependent subsidiary
  715. 496 No charge on cash dividend retained for reinvestment
  716. 497 Limitations on charges on shares ceasing to be subject to plan
  717. 498 No charge on shares ceasing to be subject to plan in certain circumstances
  718. 499 No charge in respect of incidental expenditure
  719. 500 Operation of tax charges in connection with Schedule 2 SIP
  720. 501 Charge on capital receipts in respect of plan shares
  721. 502 Meaning of “capital receipt” in section 501
  722. 503 Charge on partnership share money paid over to employee
  723. 504 Charge on cancellation payments in respect of partnership share agreement
  724. 505 Charge on free or matching shares ceasing to be subject to plan
  725. 506 Charge on partnership shares ceasing to be subject to plan
  726. 507 Charge on disposal of beneficial interest during holding period
  727. 508 Identification of shares ceasing to be subject to plan
  728. 509 Modification of section 696 where charge on shares ceasing to be subject to plan
  729. 510 Payments by trustees to employer company on shares ceasing to be subject to plan
  730. 511 PAYE deductions to be made by trustees on shares ceasing to be subject to plan
  731. 512 Disposal of beneficial interest by participant
  732. 513 Capital receipts: payments by trustees to employer company
  733. 514 Capital receipts: PAYE deductions to be made by trustees
  734. 515 Tax advantages and charges under other Acts
  735. 516 ... SAYE option schemes
  736. 517 Share options to which this Chapter applies
  737. 518 No charge in respect of receipt of option
  738. 519 No charge in respect of exercise of option
  739. 520 No charge in respect of post-acquisition benefits
  740. 521 ... CSOP schemes
  741. 522 Share options to which this Chapter applies
  742. 523 No charge in respect of receipt of option
  743. 524 No charge in respect of receipt of option
  744. 525 No charge in respect of post-acquisition benefits
  745. 526 Charge where option granted at a discount
  746. 527 Enterprise management incentives: qualifying options
  747. 528 No charge on receipt of qualifying option
  748. 529 Scope of tax advantages: option must be exercised by the specified anniversary
  749. 530 No charge on exercise of option to acquire shares at market value
  750. 531 Limitation of charge on exercise of option to acquire shares below market value
  751. 532 Modified tax consequences following disqualifying events
  752. 533 Disqualifying events
  753. 534 Disqualifying events relating to relevant company
  754. 535 Disqualifying events relating to employee
  755. 536 Other disqualifying events
  756. 537 Alterations of share capital for purposes of section 536
  757. 538 Share conversions excluded for purposes of section 536
  758. 539 CSOP and other options relevant for purposes of section 536
  759. 540 No charge on acquisition of shares as taxable benefit
  760. 541 Effects on other income tax charges
  761. 542 Exemption: offer made to public and employees
  762. 543 Discount not covered by exemption in section 542
  763. 544 Exemption: different offers made to public and employees
  764. 545 Discount not covered by exemption in section 544
  765. 546 Meaning of being entitled “on similar terms”
  766. 547 Meaning and amount or value of “registrant discount”
  767. 548 Minor definitions
  768. 549 Application of this Chapter
  769. 550 Meaning of “employee benefit trust”
  770. 551 “Qualifying disposals” for purposes of section 550
  771. 552 Attribution of interest in company to beneficiary or associate
  772. 553 Meaning of “appropriate percentage” for purposes of section 552
  773. 554 Attribution of further interest in company
  774. 554A Application of Chapter 2 : main case
  775. 554AA Application of Chapter 2: close companies
  776. 554AB Meaning of “relevant transaction”
  777. 554AC Meaning of “excluded transaction”
  778. 554AD Section 554AA: meaning of “director”
  779. 554AE Section 554AA: meaning of “material interest”
  780. 554AF Section 554AA: supplementary
  781. 554B Relevant steps: earmarking etc of sum of money or asset
  782. 554C Relevant steps: payment of sum, transfer of asset etc
  783. 554D Relevant steps: making asset available
  784. 554E Exclusions: steps under certain schemes etc
  785. 554F Exclusions: commercial transactions
  786. 554G Exclusions: transactions under employee benefit packages
  787. 554H Exclusions: earmarking of deferred remuneration
  788. 554I Exclusions: introduction to sections 554J to 554M
  789. 554J Exclusions: earmarking for employee share schemes (1)
  790. 554K Exclusions: earmarking for employee share schemes (2)
  791. 554L Exclusions: earmarking for employee share schemes (3)
  792. 554M Exclusions: earmarking for employee share schemes (4)
  793. 554N Exclusions: other cases involving employment-related securities etc
  794. 554O Exclusions: employee car ownership schemes
  795. 554OA Exclusions: transfer of employment-related loans
  796. 554P Exclusions: employment income exemptions under Part 4
  797. 554Q Exclusions: income arising from earmarked sum or asset
  798. 554R Exclusions: acquisitions out of sums or assets
  799. 554RA Exclusions: relevant repayments
  800. 554S Exclusions: pension income chargeable under Part 9 etc
  801. 554T Exclusions: employee pension contributions
  802. 554U Exclusions: pre-6 April 2006 contributions to employer-financed retirement benefit schemes
  803. 554V Exclusions: purchases of annuities out of pension scheme rights
  804. 554W Exclusions: certain retirement benefits etc
  805. 554X Exclusions: transfers between certain foreign pension schemes
  806. 554XA Exclusions: payments in respect of a tax liability
  807. 554Y Power to exclude other relevant steps
  808. 554Z Interpretation: general
  809. 554Z1 Interpretation: persons linked with A
  810. 554Z2 Value of relevant step to count as employment income
  811. 554Z2A Exception to section 554Z2(1): close companies
  812. 554Z3 Value of relevant step
  813. 554Z4 Residence issues
  814. 554Z4A Temporary non-residents
  815. 554Z5 Overlap with money or asset subject to earlier tax liability
  816. 554Z6 Overlap with certain earnings
  817. 554Z7 Exercise price of share options
  818. 554Z8 Cases where consideration given for relevant step
  819. 554Z9 Remittance basis: A did not meet section 26A requirement
  820. 554Z10 Remittance basis: A met section 26A requirement
  821. 554Z11 Remittance basis: supplementary
  822. 554Z11A Temporary non-residents
  823. 554Z11B Earlier income tax liability: application of section 554Z11C
  824. 554Z11C Earlier income tax liability: treatment of payments
  825. 554Z11D Earlier income tax liability: provisional payments of tax
  826. 554Z11E Application for provisional payments to be treated as payment of tax
  827. 554Z11F Provisional payments of tax: further provision
  828. 554Z11G Earlier income tax liability: supplementary provision
  829. 554Z12 Relevant step taken after A's death etc
  830. 554Z13 Subsequent income tax liability
  831. 554Z14 Relief where earmarking not followed by further relevant step
  832. 554Z15 Location of employment duties
  833. 554Z16 Application etc
  834. 554Z17 Employer etc to be treated as relevant third person etc
  835. 554Z18 Earmarking etc
  836. 554Z19 Provision of security
  837. 554Z20 Valuation of step within section 554Z19
  838. 554Z21 Relief for earmarking or security not followed by contribution or relevant benefit
  839. 555 Former employee entitled to deduction in calculating net income
  840. 556 Deductible payments made outside the time limits allowed
  841. 556A Deductible payments made pursuant to tax avoidance arrangements
  842. 557 Deductible payments wholly or partly borne by the former employer etc.
  843. 558 Meaning of “deductible payment”
  844. 559 Liabilities related to the former employment
  845. 560 Meaning of “qualifying insurance contract”
  846. 561 Connected contracts
  847. 562 Meaning of “former employee” and “employment”
  848. 563 Other interpretation
  849. 564 Application of this Part to office-holders
  850. 565 Structure of Part 9
  851. 566 Nature of charge to tax on pension income and relevant definitions
  852. 567 Amount charged to tax
  853. 567A Cases in which Part 7A has applied to source of pension income
  854. 567B Cases where inheritance tax is paid in respect of pension death benefit
  855. 568 Person liable for tax
  856. 569 United Kingdom pensions
  857. 570 “Pension”: interpretation
  858. 571 Taxable pension income
  859. 572 Person liable for tax
  860. 572A Temporary non-residents
  861. 573 Foreign pensions
  862. 574 “Pension”: interpretation
  863. 574A “Pension”: relevant lump sums
  864. 575 Taxable pension income
  865. 576 Person liable for tax
  866. 576A Temporary non-residents
  867. 577 United Kingdom social security pensions
  868. 578 Taxable pension income
  869. 579 Person liable for tax
  870. 579A Pensions
  871. 579B Taxable pension income
  872. 579C Person liable for tax
  873. 579CZA Exemption for beneficiaries' income withdrawal in some cases
  874. 579CA Temporary non-residents
  875. 579CB Refund of overpaid inheritance tax treated as pension
  876. 579D Interpretation
  877. 590 Annuities
  878. 591 Taxable pension income
  879. 592 Person liable for tax
  880. 593 Unauthorised payments: application of section 583
  881. 594 Meaning of “former approved superannuation fund”
  882. 595 Annuities
  883. 596 Taxable pension income
  884. 597 Person liable for tax
  885. 598 Income withdrawals
  886. 599 Taxable pension income
  887. 600 Person liable for tax
  888. 601 Unauthorised personal pension payments
  889. 602 Taxable pension income
  890. 603 Person liable for tax
  891. 604 Meaning of “personal pension scheme” and related expressions
  892. 605 Annuities
  893. 606 Meaning of “retirement annuity contract”
  894. 607 Taxable pension income
  895. 608 Person liable for tax
  896. 609 Annuities for the benefit of dependants
  897. 610 Annuities under non-registered occupational pension schemes
  898. 611 Annuities in recognition of another’s services
  899. 611A Exemptions from sections 609 to 611
  900. 612 Taxable pension income: UK annuities
  901. 613 Taxable pension income: foreign annuities
  902. 614 Person liable for tax
  903. 615 Certain overseas government pensions paid in the United Kingdom
  904. 616 Taxable pension income
  905. 617 Deduction allowed from taxable pension income
  906. 618 Person liable for tax
  907. 619 The House of Commons Members' Fund
  908. 620 Meaning of “House of Commons Members' Fund”
  909. 621 Taxable pension income
  910. 622 Person liable for tax
  911. 623 Return of surplus employee additional voluntary contributions
  912. 624 Taxable pension income
  913. 625 Person liable for tax
  914. 626 Income tax treated as paid
  915. 627 Meaning of “grossing up”
  916. 628 Interpretation
  917. 629 Pre-1973 pensions paid under the Overseas Pensions Act 1973
  918. 630 Interpretation
  919. 631 Taxable pension income
  920. 632 Person liable for tax
  921. 633 Voluntary annual payments
  922. 634 Taxable pension income: UK voluntary annual payments
  923. 635 Taxable pension income: foreign voluntary annual payments
  924. 636 Person liable for tax
  925. 636A Exemptions and liabilities for certain lump sums under registered pension schemes
  926. 636AA Taxable lump sum death benefits
  927. 636B Trivial commutation and winding-up lump sums
  928. 636C Trivial commutation and winding-up lump sum death benefits
  929. 637 Introduction
  930. 637A Pension commencement lump sums
  931. 637B Pension commencement excess lump sums
  932. 637C Serious ill-health lump sums
  933. 637D Uncrystallised funds pension lump sums
  934. 637E Short service refund lump sum
  935. 637F Refund of excess contributions lump sums
  936. 637G Trivial commutation lump sums and winding-up lump sums
  937. 637H Defined benefits lump sum death benefits
  938. 637I Pension protection lump sum death benefits
  939. 637J Uncrystallised funds lump sum death benefits
  940. 637K Annuity protection lump sum death benefits
  941. 637L Drawdown pension fund lump sum death benefits
  942. 637M Flexi-access drawdown lump sum death benefits
  943. 637N Trivial commutation lump sum death benefits
  944. 637P Individual’s lump sum allowance
  945. 637Q Availability of individual’s lump sum allowance
  946. 637R Individual’s lump sum and death benefit allowance
  947. 637S Availability of individual’s lump sum and death benefit allowance
  948. 637T Availability of individual’s lump sum and death benefit allowance where multiple lump sum death benefits paid
  949. 637U Availability of individual’s allowances where lump sums or lump sum death benefits already paid by non-UK schemes
  950. 638 Awards for bravery
  951. 639 Pensions in respect of death due to military or war service
  952. 640 Exemption under section 639 where income withheld
  953. 640A Lump sums provided under armed forces early departure scheme
  954. 641 Wounds and disability pensions
  955. 642 Compensation for National-Socialist persecution
  956. 642A Netherlands Benefit Act for Victims of Persecution 1940-1945
  957. 643 Malawi, Trinidad and Tobago and Zambia government pensions
  958. 644 Pensions payable where employment ceased due to disablement
  959. 644A Health and employment insurance payments
  960. 645 Social security pensions: increases in respect of children
  961. 646 Former miners etc: coal and allowances in lieu of coal
  962. 646A Foreign pensions of consular employees
  963. 646B Registered schemes: beneficiaries' annuities from unused funds
  964. 646C Registered schemes: beneficiaries' annuities from drawdown funds
  965. 646D Non-registered schemes: beneficiaries' annuities from unused funds
  966. 646E Non-registered schemes: beneficiaries' annuities from drawdown funds
  967. 646F Interpretation of sections 646B to 646E
  968. 647 Introduction and meaning of “foreign residence condition” etc.
  969. 648 The Central African Pension Fund
  970. 649 Commonwealth government pensions
  971. 650 Oversea Superannuation Scheme
  972. 651 Overseas Pensions Act 1973
  973. 652 Overseas Service Act 1958
  974. 653 Overseas Service Pensions Fund
  975. 654 The Pensions (India, Pakistan and Burma) Act 1955
  976. 655 Structure of Part 10
  977. 656 Nature of charge to tax on social security income
  978. 657 Meaning of “social security income”, “taxable benefits” etc.
  979. 658 Amount charged to tax
  980. 659 Person liable for tax
  981. 660 Taxable benefits: UK benefits – Table A
  982. 661 Taxable social security income
  983. 662 Person liable for tax
  984. 663 Long-term incapacity benefit: previous entitlement to invalidity benefit
  985. 664 Short-term incapacity benefit not payable at the higher rate
  986. 665 Exempt unless payable to a person involved in a trade dispute
  987. 666 Child maintenance bonus
  988. 667 Amounts in excess of taxable maximum
  989. 668 Taxable maximum
  990. 669 Interpretation
  991. 670 Child maintenance bonus
  992. 671 Amounts in excess of taxable maximum
  993. 672 Taxable maximum: general
  994. 673 Taxable maximum: income-based jobseeker’s allowance
  995. 674 Taxable maximum: contribution-based jobseeker’s allowance
  996. 675 Interpretation
  997. 676 Increases in respect of children
  998. 677 UK social security benefits wholly exempt from tax: Table B
  999. 678 Taxable benefits: foreign benefits
  1000. 679 Taxable social security income
  1001. 680 Person liable for tax
  1002. 681 Taxable and other foreign benefits: exemptions
  1003. 681A Foreign benefits of consular employees
  1004. 681B High income child benefit charge
  1005. 681C The amount of the charge
  1006. 681D Extension of charge in cases where child not living with claimant
  1007. 681E Special cases
  1008. 681F Alteration of income limit etc by Treasury order
  1009. 681G Meaning of “partner”
  1010. 681H Other interpretation provisions
  1011. 681I Winter fuel payment charge
  1012. 681J Alteration of income limit by Treasury order
  1013. 682 Scope of this Part
  1014. 683 PAYE income
  1015. 684 PAYE regulations
  1016. 685 Tax tables
  1017. 686 Meaning of “payment”
  1018. 687 Payments by intermediary
  1019. 687A Payment of employment income under Part 7A
  1020. 688 Agency workers
  1021. 688A Managed service companies: recovery from other persons
  1022. 688AA Workers' services provided through intermediaries: recovery of PAYE
  1023. 688AB Workers’ providing services through intermediaries etc: cases where taxes already paid
  1024. 688B Travel expenses of workers providing services through intermediaries: recovery of unpaid tax
  1025. 689 Employee of non-UK employer
  1026. 689A Oil and gas workers on the continental shelf
  1027. 690 Internationally mobile employees
  1028. 690A Employer notification for internationally mobile employees
  1029. 690B Direction by HMRC in relation to internationally mobile employees
  1030. 690C Employees who were internationally mobile etc. before 2025-26
  1031. 690D Employer notification for qualifying new residents or treaty non-residents
  1032. 690E Direction by HMRC in relation to qualifying new residents or treaty non-residents
  1033. 691 Mobile UK workforce
  1034. 692 Organised arrangements for sharing tips
  1035. 693 Cash vouchers
  1036. 694 Non-cash vouchers
  1037. 695 Credit-tokens
  1038. 695A Employment income under Part 7A
  1039. 696 Readily convertible assets
  1040. 697 Enhancing the value of an asset
  1041. 698 PAYE: special charges on employment-related securities
  1042. 699 PAYE: conversion of shares
  1043. 700 PAYE: gains from securities options
  1044. 700A Employment-related securities etc: internationally mobile employees
  1045. 701 Meaning of “asset”
  1046. 702 Meaning of “readily convertible asset”
  1047. 703 Introduction
  1048. 704 Sums payable by employers under agreements
  1049. 705 Approximations allowed in calculations
  1050. 706 Exclusion of general earnings from income etc.
  1051. 707 Interpretation of this Chapter
  1052. 707A Provision of additional information to His Majesty’s Revenue and Customs
  1053. 708 PAYE repayments
  1054. 709 Additional provision for certain assessments
  1055. 710 Notional payments: accounting for tax
  1056. 711 Right to make a return
  1057. 712 Interpretation of this Part
  1058. 713 Donations to charity: payroll deduction scheme
  1059. 714 Meaning of “donations”
  1060. 715 Approval of schemes: regulation by Treasury
  1061. 716 Alteration of amounts by Treasury order
  1062. 716A Priority rule for dividends etc. of UK resident companies etc.
  1063. 716B Employment intermediaries to keep, preserve and provide information etc
  1064. 717 Orders and regulations made by Treasury or Commissioners
  1065. 718 Connected persons
  1066. 719 Meaning of “control”
  1067. 720 Meaning of “ an officer of Revenue and Customs ” etc.
  1068. 721 Other definitions
  1069. 722 Consequential amendments
  1070. 723 Commencement and transitional provisions and savings
  1071. 724 Repeals and revocations
  1072. 725 Citation
  1073. SCHEDULE 1 Abbreviations and defined expressions
  1074. SCHEDULE 2 ... share incentive plans
  1075. SCHEDULE 3 ... SAYE option schemes
  1076. SCHEDULE 4 ... CSOP schemes
  1077. SCHEDULE 5 Enterprise management incentives
  1078. SCHEDULE 6 Consequential Amendments
  1079. SCHEDULE 7 Transitionals and savings
  1080. SCHEDULE 8 Repeals and revocations

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1,080 provisions

154A Benefit of van treated as earnings: optional remuneration arrangements

(1) Where this Chapter applies to a van in relation to a particular tax year and the conditions in subsection (2) are met— (a) the relevant amount is to be treated as earnings from the employment for that tax year, and (b) section 154(1) does not apply. In such a case (including a case where the relevant amount is nil) the employee is referred to in this Chapter as being chargeable to tax in respect of the van in the tax year. (2) The conditions are that— (a) the van is made available to the employee or member of the employee's household pursuant to optional remuneration arrangements, and (b) the total foregone amount in connection with the van is greater than the modified cash equivalent of the benefit of the van. (3) To find the relevant amount for the purposes of this section take the following steps— Step 1 Take the total foregone amount in connection with the van for the tax year. Step 2 Make any deduction under section 158A in respect of payments by the employee for the private use of the van. The result is the “relevant amount”. (4) In subsection (2) the reference to the “modified cash equivalent” is to the amount which would be the cash equivalent of the benefit of the van (after any reductions under section 156 or 157) if this Chapter had effect the following modifications— (a) omit paragraph (c) of section 155(8); (b) omit section 158; (c) in section 159(2)(b), for “155, 157 and 158” substitute “ 155 and 157 ”. (5) For the purposes of subsection (2) assume that the modified cash equivalent of the benefit of the van is zero if the condition in subsection (6) is met. (6) The condition is that the benefit of the van would be exempt from income tax but for section 228A (exclusion of certain exemptions). (7) Where it is necessary for the purposes of subsection (2)(b) and step 1 of subsection (3) to apportion an amount of earnings to a benefit mentioned in subsection (8)(a) or (b) in the tax year, the apportionment is to be made on a just and reasonable basis. In this subsection “earnings” is to be interpreted in accordance with section 69B(5). (8) In this section the total foregone amount in connection with the van for a tax year is the total of— (a) the amount foregone (see section 69B) with respect to the benefit of the van for that year, and (b) the amount foregone (see section 69B) with respect to each other benefit that— (i) is connected with the van, (ii) is provided in that year for the employee, or a member of the employee's household, pursuant to optional remuneration arrangements, and (iii) is neither the provision of a driver nor the provision of fuel.

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155 Cash equivalent of the benefit of a van

(1) The cash equivalent of the benefit of a van for a tax year is calculated as follows. (1A) If the restricted private use condition is met in relation to the van for the tax year, the cash equivalent is nil. (1B) If that condition is not met in relation to the van for the tax year— (a) if the van cannot in any circumstances emit CO2 by being driven and the tax year is any of the tax years 2015-16 to 2020-21, the cash equivalent is the appropriate percentage of £3,500 ... (aa) if the van cannot in any circumstances emit CO2 by being driven and the tax year is 2021-22 or a subsequent tax year, the cash equivalent is nil, and (b) in any other case, the cash equivalent is £4,170. (1C) The appropriate percentage for the purposes of subsection (1B)(a) is— (a) 20% for the tax year 2015-16, (b) 20% for the tax year 2016-17; (c) 60% for the tax year 2017-18, (d) 80% for the tax year 2018-19, and (e) 90% for the tax year 2019-20. (f) 80% for the tax year 2020-21; (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The restricted private use condition is met in relation to a van for a tax year if— (a) the commuter use requirement is satisfied throughout the year (or the part of the year on which it is available to the employee) or the extent to which it is not satisfied during that period is insignificant, and (b) the business travel requirement is satisfied throughout the year (or the part of the year on which it is available to the employee). (5) The commuter use requirement is satisfied at any time if— (a) the terms on which the van is available to the employee at the time prohibit its private use otherwise than for the purposes of ordinary commuting or travel between two places that is for practical purposes substantially ordinary commuting, and (b) neither the employee nor a member of the employee’s family or household makes private use of the van at the time otherwise than for those purposes. (6) In subsection (5) “ordinary commuting” has the same meaning as in section 338 (travel for necessary attendance) (see subsection (3) of that section). (7) The business travel requirement is satisfied at a time if the van is available to the employee at the time mainly for use for the purposes of the employee’s business travel (see section 171(1)). (8) The cash equivalent of the van may be reduced— (a) under section 156 for any periods when the van is unavailable, (b) under section 157 where the van is shared, and (c) under section 158 in respect of payments by the employee for the private use of the van.

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156 Meaning of “shared van”

(1) The cash equivalent of the benefit of a van for a tax year under section 155 is to be reduced if the van has been unavailable on any day during the year. (2) For the purposes of this section a van is unavailable on any day if the day— (a) falls before the first day on which the van is available to the employee, (b) falls after the last day on which the van is available to the employee, or (c) falls within a period of 30 days or more throughout which the van is not available to the employee. (3) The amount of the reduction is given by the formula— UY×CE where— U is the number of days in the year on which the van is unavailable, Y is the number of days in the year, and CE is the amount of the cash equivalent before any reduction.

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157 Reduction of cash equivalent where van is shared

(1) This section applies if in a tax year a van— (a) is available to more than one employee concurrently, (b) is so made available by the same employer, and (c) is available concurrently for each employee’s private use. (2) The cash equivalent of the benefit of the van to each of those employees for that year— (a) is to be calculated separately under sections 155 and 156, and (b) is then to be reduced on a just and reasonable basis. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In this section the reference to the van being available for each employee’s private use includes a reference to the van being available for the private use of a member of the employee’s family or household.

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158 Reduction for payments for private use

(1) The cash equivalent of the benefit of a van for a tax year under section 155 (after any reduction under sections 156 and 157) is to be reduced if, as a condition of the van being available for the employee’s private use, the employee— (a) is required in that year to pay (whether by way of deduction from earnings or otherwise) an amount of money for that use, and (b) pays that amount on or before 6 July following that year. (2) If the amount paid as mentioned in subsection (1)(b) by the employee in respect of that year is equal to or exceeds that cash equivalent, it is reduced to nil. (3) In any other case that cash equivalent is reduced by the amount paid as mentioned in subsection (1)(b) by the employee. (4) In this section the reference to the van being available for the employee’s private use includes a reference to the van being available for the private use of a member of the employee’s family or household.

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158A Van provided pursuant to optional remuneration arrangements: private use

(1) In calculating the relevant amount under section 154A in relation to a van and a tax year, a deduction is to be made under step 2 of subsection (3) of that section if, as a condition of the van being available for the employee's private use, the employee— (a) is required in that year to pay (whether by way of deduction from earnings or otherwise) an amount of money for that use, and (b) pays that amount on or before 6 July following that year. (2) The amount of the deduction is— (a) the amount paid as mentioned in subsection (1)(b) by the employee in respect of the year, or (b) if less, the amount that would reduce the relevant amount to nil. (3) In this section the reference to the van being available for the employee's private use includes a reference to the van being available for the private use of a member of the employee's family or household.

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159 Modification of provisions where van temporarily replaced

(1) This section applies if— (a) the van normally available to an employee (“the normal van”) is not available to the employee for a period of less than 30 days, (b) another van (“the replacement van”) is made available to the employee in order to replace the normal van for the whole or part of that period, and (c) the employee is chargeable to tax in respect of both the normal van and the replacement van by virtue of section 154. (2) If this section applies— (a) section 156 applies so that the replacement van is to be treated as unavailable on the days during the period on which it replaces the normal van, and (b) sections 155, 157 and 158 apply as if the replacement van were the normal van.

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160 Benefit of van fuel treated as earnings

(1) If in a tax year— (a) fuel is provided for a van by reason of an employee’s employment, (b) that person is chargeable to tax in respect of the van by virtue of section 154 or 154A , and (c) the cash equivalent of the van for that year is that under section 155(1B)(b), the cash equivalent of the benefit of the fuel is to be treated as earnings from the employment for that year. (2) The cash equivalent of the benefit of the fuel is calculated in accordance with sections 161 to 164. (3) Fuel is to be treated as provided for a van, in addition to any other way in which it may be provided, if— (a) any liability in respect of the provision of fuel for the van is discharged, (b) a non-cash voucher or a credit-token is used to obtain fuel for the van, (c) a non-cash voucher or a credit-token is used to obtain money which is spent on fuel for the van, or (d) any sum is paid in respect of expenses incurred in providing fuel for the van. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) This section is subject to section 160A.

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160A Benefit of van fuel treated as earnings: optional remuneration arrangements

(1) This section applies if— (a) fuel is provided for a van in a tax year by reason of an employee's employment, (b) the benefit of the fuel is provided pursuant to optional remuneration arrangements, and (c) the employee is chargeable to tax in respect of the van in the tax year by virtue of section 154 or 154A. (2) If the condition in subsection (3) is met— (a) the amount foregone with respect to the benefit of the fuel (see section 69B) is to be treated as earnings from the employment for that year, and (b) section 160(1) does not apply. (3) The condition mentioned in subsection (2) is that the amount foregone with respect to the benefit of the fuel is greater than the cash equivalent of the benefit of the fuel. (4) For the purposes of subsection (3), assume that the cash equivalent of the benefit of the fuel is zero if the condition mentioned in subsection (5) is met. (5) The condition mentioned in subsection (4) is that the benefit of the fuel would be exempt from income tax but for section 228A (exclusion of certain exemptions). (6) Where it is necessary for the purposes of subsections (2)(a) and (3) to apportion an amount of earnings to the benefit of the fuel in the tax year, the apportionment is to be made on a just and reasonable basis. In this subsection “earnings” is to be interpreted in accordance with section 69B(5).

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161 Van fuel: the cash equivalent

The cash equivalent of the benefit of the fuel is— (a) where the tax year is the tax year 2005-06 or 2006-07, nil, and (b) where the tax year is a later tax year, £798.

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162 Van fuel: nil cash equivalent

(1) The cash equivalent of the benefit of the fuel is nil if condition A or B is met. (2) Condition A is met if ...— (a) in the tax year in question, the employee is required to make good to the person providing the fuel the whole of the expense incurred by that person in connection with the provision of the fuel for the employee’s private use, and (b) the employee does make good that expense on or before 6 July following that tax year . (3) Condition B is met if in the tax year in question the fuel is made available only for business travel (see section 171(1)).

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163 Van fuel: proportionate reduction of cash equivalent

(1) The cash equivalent of the benefit of the fuel is to be proportionately reduced if for any part of the tax year in question the van for which the fuel is provided is unavailable (within the meaning of section 156 (reduction for periods when van unavailable)). (2) But if section 159 (van temporarily replaced) applies— (a) section 160 applies as if the replacement van were the normal van, and (b) for the purposes of subsection (1) the replacement van is to be treated as unavailable on the days during the period on which it replaces the normal van. (3) The cash equivalent of the benefit of the fuel is also to be proportionately reduced if ...— (a) for any part of the tax year in question, the facility for the provision of fuel as mentioned in section 160 (1) is not available, (b) for any part of the tax year in question, the fuel is made available only for business travel (see section 171(1)), or (c) the employee— (i) for any part of the tax year in question,is required to make good to the person providing the fuel the whole of the expense incurred by that person in connection with the provision of the fuel for the employee’s private use , and (ii) the employee does make good that expense on or before 6 July following that tax year (4) The fact that any of the conditions specified in subsection (3) is met for part of a tax year is to be disregarded if there is a time later in that year when none of those conditions is met. (5) Where the cash equivalent is to be proportionately reduced under subsection (1) or (3) (or under both those subsections), the reduced amount is given by the formula— CE×Y-DY where— CE is the amount of the cash equivalent before any reduction, Y is the number of days in the tax year in question, and D is the total number of days in the tax year on which either the van is unavailable or one or more of the conditions in subsection (3) is met.

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164 Van fuel: reduction of cash equivalent

If a reduction of the cash equivalent of the benefit of the van for which the fuel is provided is made under section 157 (reduction of cash equivalent where van is shared), a corresponding reduction is to be made in relation to the cash equivalent of the benefit of the fuel.

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167 Pooled cars

(1) This section applies to a car in relation to a particular tax year if for that year the car has been included in a car pool for the use of the employees of one or more employers. (2) For that tax year the car— (a) is to be treated under section 114(1) (cars to which this Chapter applies) as not having been available for the private use of any of the employees concerned, and (b) is not to be treated in relation to the employees concerned as an employment-related benefit within the meaning of Chapter 10 of this Part (taxable benefits: residual liability to charge) (see section 201). (3) In relation to a particular tax year, a car is included in a car pool for the use of the employees of one or more employers if in that year— (a) the car was made available to, and actually used by, more than one of those employees, (b) the car was made available, in the case of each of those employees, by reason of the employee’s employment, (c) the car was not ordinarily used by one of those employees to the exclusion of the others, (d) in the case of each of those employees, any private use of the car made by the employee was merely incidental to the employee’s other use of the car in that year, and (e) the car was not normally kept overnight on or in the vicinity of any residential premises where any of the employees was residing, except while being kept overnight on premises occupied by the person making the car available to them.

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168 Pooled vans

(1) This section applies to a van in relation to a particular tax year if for that year the van has been included in a van pool for the use of the employees of one or more employers. (2) For that tax year the van— (a) is to be treated under section 114(1) (vans to which this Chapter applies) as not having been available for the private use of any of the employees concerned, and (b) is not to be treated in relation to the employees concerned as an employment-related benefit within the meaning of Chapter 10 of this Part (taxable benefits: residual liability to charge) (see section 201). (3) In relation to a particular tax year, a van is included in a van pool for the use of the employees of one or more employers if in that year— (a) the van was made available to, and actually used by, more than one of those employees, (b) the van was made available, in the case of each of those employees, by reason of the employee’s employment, (c) the van was not ordinarily used by one of those employees to the exclusion of the others, (d) in the case of each of those employees, any private use of the van made by the employee was merely incidental to the employee’s other use of the van in that year, and (e) the van was not normally kept overnight on or in the vicinity of any residential premises where any of the employees was residing, except while being kept overnight on premises occupied by the person making the van available to them.

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169 Car available to more than one member of family or household employed by same employer

(1) This section applies where— (a) an employee (“E”) and a member of the employee’s family or household (“M”) are employed by the same employer, and (b) as a result of a car being made available to M in a tax year, E would (apart from this section) be chargeable to tax in respect of the car in that year by virtue of section 120. (2) The cash equivalent of the benefit of the car and of any fuel provided for the car by reason of E’s employment is not to be treated as E’s earnings for that year if— (a) M is chargeable to tax in respect of the car in that year by virtue of section 120, or (b) M's employment is lower-paid employment as a minister of religion. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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169A Van available to more than one member of family or household employed by same employer

(1) This section applies where— (a) an employee (“E”) and a member of the employee’s family or household (“M”) are employed by the same employer, and (b) as a result of a van being made available to M in a tax year, E would (apart from this section) be chargeable to tax in respect of the van in that year by virtue of section 154. (2) The cash equivalent of the benefit of the van and of any fuel provided for the van by reason of E’s employment is not to be treated as E’s earnings for that year if— (a) M is chargeable to tax in respect of the van in that year by virtue of section 154, or (b) M's employment is lower-paid employment as a minister of religion. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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170 Orders etc. relating to this Chapter

(1) The Treasury may by order substitute a greater amount for that for the time being specified in— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) section 126(3)(d) (car: minimum price of later accessory), (c) section 132(3)(b) (car: maximum contributions deduction), (ca) section 132A(5)(b) (corresponding provision with respect to optional remuneration arrangements), (d) section 147(1)(b) (classic car: minimum value), ... (e) section 147(7)(b) (classic car: maximum contributions deduction) , or (f) section 147A(1)(b) (classic car: minimum value: optional remuneration arrangements). (1A) The Treasury may by order substitute a different amount for the amount for the time being specified in— (a) section 155(1A) (cash equivalent where van subject only to restricted private use by employee), (b) section 155(1B)(a) (cash equivalent for zero-emission van in tax years 2015-16 to 2020-21), ... (ba) section 155(1B)(aa) (cash equivalent for zero-emissions vans in tax year 2021-22 and subsequent tax years), and (c) section 155(1B)(b) (cash equivalent in other cases). (2) An order under subsection (1) or (1A) must specify the tax years to which it applies. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Treasury may by regulations provide for the value of the appropriate percentage as determined under sections 139 to 141 to be reduced— (a) by such amount, (b) in such circumstances, and (c) subject to such conditions, as may be prescribed in the regulations. (5) The Treasury may by order substitute a different amount for that specified in section 150(1) (car fuel: cash equivalent) or section 161(b) (van fuel: cash equivalent). (6) An order under subsection (5) must specify the tax years to which it applies, being tax years beginning after that in which it is made.

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171 Minor definitions: general

(1) In this Chapter— “business travel”, in relation to any employee, means travelling the expenses of which, if incurred and paid by the employee, would (if Chapter 2 of Part 4 did not apply) be deductible under sections 337 to 342, section 353 or under Chapter 5 of Part 5 (other than section 377); “diesel” means any diesel fuel within the definition in Article 2 of Directive 98/70/EC of the European Parliament and of the Council; “EC certificate of conformity” means a certificate of conformity within the meaning of— Council Directive 70/156/EEC, Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007, or Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; “EC type-approval certificate” means— a type-approval certificate issued under any provision of the law of a Member State implementing Council Directive 70/156/EEC, an EC type-approval certificate within the meaning of Council Directive 2007/46/EC, or an EU type-approval certificate within the meaning of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles; “qualifying emissions certificate” has the same meaning as in CAA 2001 (see section 268C(1) of that Act); “relevant taxes” means any car tax, any value added tax, any customs or excise duty and any tax chargeable as if it were a customs duty; “road fuel gas” means any substance which is gaseous at a temperature of 15°C and under a pressure of 1013.25 millibars, and which is for use as fuel in road vehicles; “UK approval certificate” means— a certificate issued under— section 58(1) or (4) of the Road Traffic Act 1988, or Article 31A(4) or (5) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or any other certificate or document issued in the United Kingdom on the basis of which a vehicle is first registered, other than an EC certificate of conformity or an EC type-approval certificate. (2) In this Chapter references to the date of first registration in relation to a car ... are to the date on which the vehicle was first registered under VERA 1994 or under corresponding legislation of any country or territory. (3) In this Chapter references to the age of a car ... at any time are to the interval between the date of first registration of the vehicle and that time. (4) In this Chapter “disabled person’s badge” means a badge— (a) which is issued to a disabled person under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53), or has effect as if it had been issued under one of those provisions, and (b) which is not required to be returned to the issuing authority under or by virtue of the provision referred to in paragraph (a).

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172 Minor definitions: equipment to enable a disabled person to use a car

(1) In section 125(2)(c) “equipment to enable a disabled person to use a car” means equipment— (a) which is designed solely for use by a chronically sick or disabled person, or (b) which is made available for use with the car because it enables a disabled employee to use the car in spite of the disability. (2) In this section— “disabled employee” means an employee who, at the time when the car is first made available to the employee, holds a disabled person’s badge, and “the disability” means the disability entitling the disabled employee to hold the disabled person’s badge.

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173 Loans to which this Chapter applies

(1) This Chapter applies to a loan if it is an employment-related loan. (1A) Where this Chapter applies to a loan— (a) the loan is a benefit for the purposes of this Chapter (and accordingly it is immaterial whether the terms of the loan constitute a fair bargain), and (b) sections 175 to 183 make provision about amounts which, in the case of a taxable cheap loan, are to be treated as earnings in certain circumstances . (2) In this Chapter— (a) “loan” includes any form of credit, and (b) references to making a loan (and related expressions) include arranging, guaranteeing or in any way facilitating a loan. (3) Sections 288 and 289 make provision for exemption and relief for certain bridging loans connected with employment moves.

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173A Alternative finance arrangements

(1) For the purposes of this Chapter a reference to a loan includes a reference to arrangements— (a) to which section 564C of ITA 2007 or section 503 of CTA 2009 (purchase and resale arrangements) applies (or would apply assuming one of the parties were a financial institution), or (b) to which section 564D of ITA 2007 or section 504 of CTA 2009 (diminishing shared ownership arrangements) applies (or would apply on that assumption). (2) In the application of this Chapter as a result of this section, a reference to interest is to be treated as including alternative finance return (or anything that would be such return on that assumption). (3) In the application of this Chapter as a result of this section, a reference to the amount outstanding is to be taken— (a) in the case of arrangements within subsection (1)(a), as a reference to the purchase price minus such part of the aggregate payments made as does not represent alternative finance return (or anything that would be such return on that assumption), (b) in the case of arrangements to which section 564D of ITA 2007 or section 504 of CTA 2009 applies, as a reference to the amount of the first owner’s original beneficial interest minus such part of the aggregate payments made as does not represent alternative finance return, and (c) in the case of arrangements to which section 564D of ITA 2007 or section 504 of CTA 2009 would apply assuming one of the parties were a first owner, as a reference to the amount of that party's original beneficial interest minus such part of the aggregate payments made as does not represent anything that would be alternative finance return on that assumption. (4) In this section— “alternative finance return” has the meaning given in sections 564I to 564L of ITA 2007 or sections 511 to 513 of CTA 2009, ... “financial institution” has the meaning given in section 564B of ITA 2007 or section 502 of CTA 2009, and “first owner” is to be construed in accordance with section 564D of ITA 2007 or section 504 of CTA 2009. (5) This section does not apply to arrangements entered into before 22 March 2006.

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174 Employment-related loans

(1) For the purposes of this Chapter an employment-related loan is a loan— (a) made to an employee or a relative of an employee, and (b) of a class described in subsection (2). (2) For the purposes of this Chapter the classes of employment-related loan are— A A loan made by the employee’s employer. B A loan made by a company or partnership over which the employee’s employer had control. C A loan made by a company or partnership by which the employer (being a company or partnership) was controlled. D A loan made by a company or partnership which was controlled by a person by whom the employer (being a company or partnership) was controlled. E A loan made by a person having a material interest in— (a) a close company which was the employer, had control over the employer or was controlled by the employer, or (b) a company or partnership controlling that close company. (3) In this section— “employee” includes a prospective employee, and “employer” includes a prospective employer. (4) References in this section to a loan being made by a person extend to a person who— (a) assumes the rights and liabilities of the person who originally made the loan, or (b) arranges, guarantees or in any way facilitates the continuation of a loan already in existence. (5) A loan is not an employment-related loan if— (a) it is made by an individual in the normal course of the individual’s domestic, family or personal relationships, or (b) it is made to a relative of the employee and the employee derives no benefit from it. (6) For the purposes of this section a person (“X”) is a relative of another (“Y”) if X is— (a) Y’s spouse or civil partner , (b) a parent, child or remoter relation in the direct line either of Y or of Y’s spouse or civil partner , (c) a brother or sister of Y or of Y’s spouse or civil partner , or (d) the spouse or civil partner of a person falling within paragraph (b) or (c).

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175 Benefit of taxable cheap loan treated as earnings

(A1) This section applies where an employment-related loan is a taxable cheap loan in relation to a tax year. (1) The cash equivalent of the benefit of the loan is to be treated as earnings from the employee's employment for the tax year. (1A) If the benefit of the loan is provided pursuant to optional remuneration arrangements and the condition in subsection (1B) is met— (a) subsection (1) does not apply, and (b) the relevant amount (see section 175A) is to be treated as earnings from the employee's employment for the tax year. (1B) The condition is that the amount foregone with respect to the benefit of the loan for the tax year (see section 69B) is greater than the modified cash equivalent of the benefit of the loan for the tax year (see section 175A). (2) For the purposes of this Chapter an employment-related loan is a “taxable cheap loan” in relation to a particular tax year if— (a) there is a period consisting of the whole or part of that year during which the loan is outstanding and the employee holds the employment, (b) no interest is paid on it for that year, or the amount of interest paid on it for that year is less than the interest that would have been payable at the official rate, and (c) none of the exceptions in sections 176 to 179 apply. (3) The cash equivalent of the benefit of an employment-related loan for a tax year is the difference between— (a) the amount of interest that would have been payable on the loan for that year at the official rate, and (b) the amount of interest (if any) actually paid on the loan for that year. (4) If there are two or more employment-related loans, this section applies to each separately. (5) This section is subject to— section 180 (threshold for benefit of loan to be treated as earnings); section 186 (replacement loans).

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175A Optional remuneration arrangements: “relevant amount” and “modified cash equivalent”

(1) In section 175(1A) “the relevant amount”, in relation to a loan the benefit of which is provided pursuant to optional remuneration arrangements, means the difference between— (a) the amount foregone (see section 69B) with respect to the benefit of the loan, and (b) the amount of interest (if any) actually paid on the loan for the tax year. (2) For the purposes of section 175 the “modified cash equivalent” of the benefit of an employment-related loan for a tax year is the amount which would be the cash equivalent if section 175(3) had effect with the following modifications— (a) in the opening words, omit “the difference between”; (b) omit paragraph (b) and the “and” before it. (3) But the modified cash equivalent of the benefit of the loan is to be taken to be zero if the condition in subsection (4) is met. (4) The condition is that the benefit of the loan for the tax year would be exempt from income tax but for section 228A (exclusion of certain exemptions). (5) For the purpose of calculating the modified cash equivalent of the benefit of an employment-related loan, assume that section 186(2) (replacement loans: aggregation) and section 187(3) (aggregation of loans by close company to a director) do not have effect. (6) Where it is necessary for the purposes of section 175(1B) and subsection (1) of this section to apportion an amount of earnings to the benefit of the loan for the tax year, the apportionment is to be made on a just and reasonable basis. In this subsection “earnings” is to be interpreted in accordance with section 69B(5).

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176 Exception for loans on ordinary commercial terms

(1) A loan on ordinary commercial terms is not a taxable cheap loan. (2) In this section a “loan on ordinary commercial terms” means a loan— (a) made by a person (“the lender”) in the ordinary course of a business carried on by the lender which includes— (i) the lending of money, or (ii) the supplying of goods or services on credit, and (b) in relation to which condition A, B or C is met. (3) Condition A is met if— (a) at the time the loan was made comparable loans were available to all those who might be expected to avail themselves of the services provided by the lender in the course of the lender’s business, (b) a substantial proportion of the loans (consisting of the loan in question and the comparable loans) made by the lender at or about the time the loan in question was made were made to members of the public, (c) the loan in question is held on the same terms as comparable loans generally made by the lender to members of the public at or about the time the loan in question was made, and (d) where those terms differ from the terms applicable immediately after the loan in question was first made, they were imposed in the ordinary course of the lender’s business. (4) For the purposes of condition A a loan is comparable to another loan if it is made for the same or similar purposes and on the same terms and conditions. (5) Condition B is met if— (a) the loan has been varied before 6th April 2000, (b) a substantial proportion of the relevant loans were made to members of the public, (c) the loan in question is held on the same terms as relevant loans generally made by the lender to members of the public at or about the relevant time, and (d) where those terms differ from the terms applicable immediately after the relevant time, they were imposed in the ordinary course of the lender’s business. (6) Condition C is met if— (a) the loan has been varied on or after 6th April 2000, (b) a substantial proportion of the relevant loans were made to members of the public, (c) at the relevant time members of the public who had loans from the lender for similar purposes had a right to vary their loans on the same terms and conditions as applied in relation to the variation of the loan in question, (d) the loan in question as varied is held on the same terms as any existing loans so varied, and (e) where those terms differ from the terms applicable immediately after the relevant time, they were imposed in the ordinary course of the lender’s business. (7) For the purposes of condition B and C— (a) the “relevant time” is the time of the variation of the loan in question, and (b) the “relevant loans” are— (i) the loan in question, (ii) any existing loans which were varied at or about the relevant time so as to be held on the same terms as the loan in question after it was varied, and (iii) any new loans which were made by the lender at or about that time and are held on those terms. (8) No account is to be taken of amounts which are incurred on fees, commission or other incidental expenses by the person to whom a loan is made for the purpose of obtaining the loan— (a) in determining for the purposes of condition A whether loans made by a lender before 1st June 1994 are made or held on the same terms or conditions, or (b) in determining for the purposes of condition B or C whether rights to vary loans are exercisable on the same terms and conditions or loans are held on the same terms. (9) No account is to be taken of amounts which are incurred on penalties, interest or similar amounts by the person to whom a loan is made as a result of varying the loan in determining for the purposes of condition B or C whether rights to vary loans are exercisable on the same terms and conditions or loans are held on the same terms. (10) For the purposes of this section a “member of the public” means a member of the public at large with whom the lender deals at arm’s length.

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177 Exceptions for loans at fixed rate of interest

(1) A fixed rate loan made on or after 6th April 1978 is not a taxable cheap loan by reason only of an increase in the official rate of interest since the year in which the loan was made if the condition in subsection (2) is met. (2) The condition in this subsection is met if the amount of interest paid on the loan for the tax year in which it was made was equal to or greater than the interest that would have been payable at the official rate for that year. (3) A fixed rate loan made before 6th April 1978 is not a taxable cheap loan if the condition in subsection (4) is met. (4) The condition in this subsection is met if the rate of interest for the loan is equal to or greater than the rate which could have been expected to apply to a loan made— (a) at the same time as the loan in question, (b) on the same terms (other than as to the rate of interest), and (c) between persons not connected with each other dealing at arm’s length. (5) In this section a “fixed rate loan” means a loan— (a) made for a fixed period which cannot be changed, and (b) made at a fixed rate of interest which cannot be changed during that period.

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178 Exception for loans where interest qualifies for tax relief

A loan is not a taxable cheap loan in relation to a particular tax year if, assuming interest is paid on the loan for that year (whether or not it is in fact paid), the whole of that interest— (a) is eligible for relief under section 353 of ICTA or section 383 of ITA 2007 (relief for interest payments), (b) would be eligible for relief under section 353 of ICTA but for the fact that it is a payment of relevant loan interest to which section 369 of ICTA applies (mortgage interest payable under deduction of tax), (c) is deductible in computing the amount of the profits to be charged to tax in respect of a trade, profession or vocation carried on wholly or partly in the United Kingdom by the person to whom the loan is made, or (d) is deductible in computing the amount of the profits to be charged to tax in respect of a UK property business (within the meaning of Chapter 2 of Part 3 of ITTOIA 2005 or Chapter 2 of Part 4 of CTA 2009) carried on by that person.

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179 Exception for certain advances for necessary expenses

(1) An advance by an employer to an employee for the purpose of paying for— (a) necessary expenses, or (b) incidental overnight expenses, is not a taxable cheap loan in relation to a particular tax year if the following conditions are met. (2) The conditions are— (a) that at all times in the tax year in question the amount outstanding on such advances made by the employer to the employee does not exceed £1,000, (b) that the advance is spent within 6 months after the date on which it is made, and (c) that the employee accounts to the employer at regular intervals for the expenditure of the amount advanced. (3) If, on an application made by the employer, an officer of Revenue and Customs is satisfied that there is good reason to do so in the case of a particular advance, the officer may authorise that either or both of the following limits are increased in relation to that advance— (a) the sum of money specified in subsection (2)(a); (b) the time limit specified in subsection (2)(b). (4) An application under subsection (3)— (a) must be in writing, and (b) must contain such particulars and be supported by such evidence as an officer of Revenue and Customs may require. (5) In this section “necessary expenses” are expenses (including travel expenses) which— (a) the employee is obliged to incur and pay as holder of the employment, and (b) are necessarily incurred in the performance of the duties of the employment. (6) In this section “incidental overnight expenses” are expenses which— (a) are incidental to the employee’s absence from the place where the employee normally lives, (b) relate to a continuous period of such absence in relation to which the overnight stay conditions are met, and (c) would not be deductible under Part 5 if the employee incurred and paid them and Chapter 2 of Part 4 (mileage allowances and passenger payments) did not apply. (7) In subsection (6)(b) “the overnight stay conditions” has the same meaning as in section 240 (exemption for incidental overnight expenses) (see section 240(4)).

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180 Threshold for benefit of loan to be treated as earnings

(1) Section 175 does not have effect in relation to an employee and a tax year— (a) if the normal £10,000 threshold is not exceeded, or (b) where the loan is a non-qualifying loan and that threshold is exceeded, if the £10,000 threshold for non-qualifying loans is not exceeded. (2) The normal £10,000 threshold is not exceeded if at all times in the year the amount outstanding on the loan (or, if two or more employment-related loans which are taxable cheap loans are outstanding in the year, the aggregate of the amount outstanding on them) does not exceed £10,000. (3) The £10,000 threshold for non-qualifying loans is not exceeded if at all times in the year the amount outstanding on the loan (or if two or more employment-related loans which are non-qualifying loans are outstanding in the year, the aggregate of the amounts outstanding on them) does not exceed £10,000. (4) In this section a “non-qualifying loan” means a taxable cheap loan which is not a qualifying loan. (5) For the purposes of this section a loan is a “qualifying loan” in relation to a particular tax year if, assuming interest is paid on the loan for that year (whether or not it is in fact paid), the whole or part of that interest— (a) is eligible for relief under section 353 of ICTA or section 383 of ITA 2007 (relief for interest payments), (b) would be eligible for relief under section 353 of ICTA but for the fact that it is a payment of relevant loan interest to which section 369 of ICTA applies (mortgage interest payable under deduction of tax), (c) is deductible in computing the amount of the profits to be charged to tax in respect of a trade, profession or vocation carried on wholly or partly in the United Kingdom by the person to whom the loan is made, or (d) is deductible in computing the amount of the profits to be charged to tax in respect of a UK property business (within the meaning of Chapter 2 of Part 3 of ITTOIA 2005 or Chapter 2 of Part 4 of CTA 2009) carried on by that person.

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181 The official rate of interest

(1) “The official rate of interest” for the purposes of this Chapter means the rate applicable under section 178 of FA 1989 (general power of Treasury to specify rates of interest). (2) Regulations under that section may make different provision in relation to a loan if— (a) it was made in the currency of a country or territory outside the United Kingdom, and (b) the employee normally lives in that country or territory, and has actually lived there at some time in the period of 6 years ending with the tax year in question. (3) Subsection (2) does not affect the general power under section 178(3) of FA 1989 to make different provision for different purposes.

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182 Normal method of calculation: averaging

The normal method of calculating for the purposes of this Chapter the amount of interest that would be payable on a loan for a tax year at the official rate is as follows. Step 1 Calculate the average amount of the loan outstanding during the tax year— 1. Find the maximum amount of the loan outstanding on 5th April preceding the tax year or, if the loan was made in the tax year, on the date it was made. 2. Find the maximum amount outstanding on 5th April of the tax year or, if the loan was discharged in the tax year, on the date of discharge. 3. Add these amounts together and divide the result by 2. Step 2 If the official rate of interest changed during the period in the tax year when the loan was outstanding, calculate the average official rate of interest for that period as follows— 1. Multiply each official rate of interest in force during the period by the number of days when it is in force. 2. Add these products together. 3. Divide the result by the number of days in the period. Step 3 Calculate the amount of interest that would be payable on the loan for the tax year at the official rate as follows— A × I × M 12 where— A is the average amount of the loan outstanding during the tax year obtained from step 1, I is the official rate of interest in force during the period in the tax year when the loan was outstanding or, if the official rate changed, the average official rate of interest obtained from step 2, and M is the number of whole months during which the loan was outstanding in the year. For this purpose a month begins on the sixth day of the calendar month.

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183 Alternative method of calculation

(1) The alternative method of calculating for the purposes of this Chapter the amount of interest that would be payable on a loan for a tax year at the official rate applies for a tax year— (a) if an officer of Revenue and Customs so requires , by notice to the employee, or (b) if the employee so elects, by notice to an officer of Revenue and Customs . (2) Notice may be given on or before the first anniversary of the normal self-assessment filing date for the tax year in relation to which the question arises whether the loan is a taxable cheap loan. (3) The alternative method is as follows— Step 1 Find for each day in the tax year in question the maximum amount of the loan outstanding on that day and multiply it by the official rate of interest in force on that day. Step 2 Add together each of the amounts obtained under step 1. Step 3 Divide the result by the number of days in the tax year. (4) Where in any tax year the cash equivalent of the benefit of the same taxable cheap loan is to be treated as earnings of two or more employees then, for the purposes of determining the cash equivalent of the benefit of the loan, the alternative method applies if— (a) the notice under subsection (1)(a) is given to all those employees, or (b) the notice under subsection (1)(b) is given by all those employees.

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184 Interest treated as paid

(1) This section applies where — (a) the cash equivalent of the benefit of a taxable cheap loan is treated as earnings from an employee's employment for a tax year under section 175(1), or (b) the relevant amount in respect of the benefit of a taxable cheap loan is treated as earnings from an employee's employment for a tax year under section 175(1A). (2) The employee is to be treated for the purposes of the Tax Acts as having paid interest on the loan in that year equal to the cash equivalent. (3) But the employee is not to be treated as having paid that interest for the purposes of this Chapter or of any of the following Chapters of this Part— Chapter 3 (taxable benefits: expenses payments); Chapter 6 (taxable benefits: cars, vans and related benefits); Chapter 10 (taxable benefits: residual liability to charge). (4) The interest is to be treated— (a) as accruing during the period in the tax year during which the employee holds the employment and the loan is outstanding, and (b) as paid by the employee at the end of the period. (5) The interest is not to be treated— (a) as income of the person making the loan, or (b) as relevant loan interest to which section 369 of ICTA applies (mortgage interest payable under deduction of tax).

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185 Apportionment of cash equivalent in case of joint loan etc.

Where in any tax year the cash equivalent of the benefit of the same taxable cheap loan is to be treated as earnings of two or more employees— (a) the cash equivalent of the benefit of the loan (determined in accordance with the provisions of this Chapter) is to be apportioned between them in a just and reasonable manner, and (b) the portion allocated to each employee is to be treated as the cash equivalent of the benefit of the loan so far as that employee is concerned.

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186 Replacement loans

(1) This section applies where an employment-related loan (“the original loan”) is replaced, directly or indirectly, by— (a) a further employment-related loan, or (b) a loan which is not an employment-related loan but which in turn is, in the same tax year or within 40 days after the end of the tax year, replaced, directly or indirectly, by a further employment-related loan. (2) In such a case, for the purposes of calculating the cash equivalent of the benefit of the original loan under section 175(3), section 182 (normal method of calculating interest at the official rate) applies as if the replacement loan, or each of the replacement loans, were the same loan as the original loan. (3) Where section 182 is applied as modified by subsection (2) then for the purposes of section 175(3)(b) the amount of interest actually paid on the loan for the tax year in question is the total of— (a) the amount of interest actually paid on the original loan for that year, and (b) the amount of interest actually paid on the replacement loan or on each of the replacement loans for that year. (4) In this section a “further employment-related loan” means a loan which is an employment-related loan made in relation to— (a) the same or other employment with the person who is the employer in relation to the original loan, or (b) employment with a person who is connected with that employer.

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187 Aggregation of loans by close company to director

(1) This section applies where, in relation to any tax year, there are employment-related loans between the same lender and borrower which are aggregable with each other. (2) The lender may elect for aggregation to apply for that tax year in the case of the borrower. (3) The effect of the election is that all the aggregable loans are to be treated as a single loan for the purposes of— section 175 (benefit of taxable cheap loan treated as earnings), the provisions of this Chapter relating to the calculation of the cash equivalent of the benefit of a taxable cheap loan, and section 184 (interest treated as paid). (4) For this purpose loans are aggregable for any tax year if they are made in the same currency and all the following conditions are met in relation to each of them— (a) there is a time in the tax year when— (i) the loan is outstanding, (ii) the lender is a close company, and (iii) the borrower is a director of that company; (b) at all times in the tax year the rate of interest on the loan is less than the official rate applying at that time; (c) the loan is not a qualifying loan within the meaning of section 180 (see section 180(5)). (5) An election under this section must be made by the lender in a notice given— (a) to an officer of Revenue and Customs , and (b) before 7th July after the end of the tax year to which the election relates.

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188 Loan released or written off: amount treated as earnings

(1) If— (a) the whole or part of an employment-related loan is released or written off in a tax year, and (b) at the time when it is released or written off the employee holds the employment in relation to which the loan is an employment-related loan (“employment E”), the amount released or written off is to be treated as earnings from the employment for that year. (2) But if the employment has terminated or become lower-paid employment as a minister of religion and there was a time when— (a) the whole or part of the loan was outstanding, (b) the employee held the employment, and (c) it was not lower-paid employment as a minister of religion, subsection (1) applies as if the employment had not terminated or become lower-paid employment as a minister of religion . (3) Where subsection (2) applies, any loan which replaces directly or indirectly the employment-related loan is to be treated as an employment-related loan in relation to employment E if— (a) it would, if employment E had not terminated or become lower-paid employment as a minister of religion, have been an employment-related loan in relation to employment E, and (b) it is not an employment-related loan in relation to other employment. (4) This section is subject to section 189 (exception where double charge).

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189 Exception where double charge

(1) Section 188 (loan released or written off: amount treated as earnings) does not apply if, by virtue of any other provision of the Income Tax Acts, the amount released or written off— (a) is employment income of the employee, or (b) is or is treated as income of the employee (or of the employee as a borrower) which is not employment income and upon which that person is liable to pay income tax. This is subject to subsections (2) and (3). (2) If, as a result of subsection (1), Chapter 3 of Part 6 (payments and benefits on termination of employment etc.) would be the only provision by virtue of which the amount released or written off would be income of the employee— (a) section 188 does apply, and (b) accordingly Chapter 3 of Part 6 does not apply. (3) If— (a) an amount is treated as the employee’s income under section 633 of ITTOIA 2005 (capital sums paid to settlor by trustees of settlement) in respect of a capital sum paid in relation to the release or writing-off of the loan, and (b) the amount released or written off exceeds the amount so treated as income, section 188 does apply but only the amount of the excess is to be treated as earnings from the employment for the tax year in question under that section.

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190 Exclusion of charge after death of employee

(1) On the employee’s death a taxable cheap loan is to be treated— (a) for the purposes of this Chapter as ceasing to be outstanding, and (b) for the purposes of section 182 (normal method of calculating interest at the official rate) as being discharged on the date of death. (2) Section 188 (loan released or written off: amount treated as earnings) does not apply in relation to a release or writing off which takes effect on or after the death of the employee.

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