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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

295 Transport and subsistence for Government ministers etc.

(1) No liability to income tax arises in respect of the provision of transport or subsistence provided or made available by or on behalf of the Crown to— (a) the holder of a ministerial office, or (b) a member of the family or household of the holder of a ministerial office. (2) No liability to income tax arises in respect of payments and reimbursements by or on behalf of the Crown of expenses incurred in connection with the provision of transport or subsistence to a person within subsection (1). (3) “Ministerial office” means— (a) an office in Her Majesty’s Government in the United Kingdom, (b) any other office which is one of the offices and positions in respect of which salaries are payable under section 1 of the Ministerial and other Salaries Act 1975 (c. 27), and (c) an office under one of the following Acts which corresponds to an office within paragraph (a) or (b)— (i) the Scotland Act 1998 (c. 46), (ii) the Government of Wales Act 2006, or (iii) the Northern Ireland Act 1998 (c. 47). (4) In determining whether a particular person holds an office within subsection (3)(b), it is irrelevant whether or not a salary is paid or payable to that person under the Ministerial and other Salaries Act 1975. (5) In this section references to the provision of transport to a person include references to— (a) the provision or making available to that person of a vehicle with or without a driver, (b) the provision of fuel for a vehicle provided or made available to that person, and (c) the provision of any other benefit in connection with such a vehicle. (6) In this section— (a) “subsistence” includes food and drink and temporary living accommodation, and (b) “vehicle” means a mechanically propelled road vehicle.

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295A Travel expenses of members of local authorities etc

(1) No liability to income tax arises in respect of a qualifying payment made to a member of a relevant authority for travel expenses incurred by the member if— (a) the payment is for expenses other than those related to the member's use of a vehicle to which Chapter 2 applies, and (b) the expenses are not excluded by subsection (2). (2) Expenses are excluded by this subsection if— (a) they are incurred on a journey between the member's home and permanent workplace, and (b) the member's home is situated more than 20 miles outside the boundary of the area of the relevant authority. (3) In this section “permanent workplace” has the same meaning as in Part 5 (see section 339). (4) The Treasury may by regulations— (a) provide for bodies specified in the regulations (which must be local authorities or bodies that have similar or related functions or purposes) to be relevant authorities for the purposes of this section, (b) provide for references in this section to a member of a relevant authority to be read as references to a member of a description prescribed in the regulations, and (c) define what is meant by “qualifying payment” for the purposes of this section. (5) The regulations may contain transitional provision and savings.

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296 Armed forces' leave travel facilities

(1) No liability to income tax arises in respect of— (a) the provision of travel facilities for a member of the armed forces of the Crown going on or returning from leave, or (b) a payment made in respect of such travel. (2) In subsection (1) “travel facilities” does not include a vehicle.

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297 Armed forces' food, drink and mess allowances

(1) No liability to income tax arises in respect of allowances if— (a) they are payable out of the public revenue to any description of members of the armed forces of the Crown, and (b) the Treasury certifies that they are payable to them instead of food or drink normally supplied to members of the armed forces. (2) No liability to income tax arises in respect of allowances if— (a) they are payable out of the public revenue in respect of any description of members of the armed forces of the Crown, and (b) the Treasury certifies that they are so payable as a contribution to the expenses of a mess.

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297A Armed forces: the Operational Allowance

(1) No liability to income tax arises in respect of payments to members of the armed forces of the Crown of the Operational Allowance. (2) The Operational Allowance is an allowance designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006 .

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297B Armed forces: the Council Tax Relief

(1) No liability to income tax arises in respect of payments of the Council Tax Relief to members of the armed forces of the Crown. (2) Payments of the Council Tax Relief are payments designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006 .

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297C Armed forces: Continuity of Education Allowance

(1) No liability to income tax arises in respect of payments of the Continuity of Education Allowance to or in respect of members of the armed forces of the Crown during their employment under the Crown or after their deaths. (2) The Continuity of Education Allowance is an allowance designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006.

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297D Armed forces: accommodation allowances

(1) No liability to income tax arises in respect of payments of accommodation allowances to, or in respect of, a member of the armed forces of the Crown. (2) An “accommodation allowance” is an allowance— (a) payable out of the public revenue, (b) for, or towards, costs of accommodation, and (c) in respect of which any conditions specified in regulations made by the Treasury are met. (3) The provision that may be made by regulations under subsection (2)(c) includes provision framed by reference to a scheme (by whatever name called), or document, as it has effect from time to time. (4) Regulations under this section may make— (a) different provision for different cases, and (b) different provision for different areas. (5) Regulations under this section that do not increase any person's liability to income tax may have effect in relation to times before they are made.

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298 Reserve and auxiliary forces' training allowances

No liability to income tax arises in respect of the following sums if they are payable out of the public revenue to members of the reserve and auxiliary forces of the Crown— (a) training expenses allowances, and (b) bounties payable in consideration of the members undertaking certain training and attaining a particular standard of efficiency.

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299 Crown employees' foreign service allowances

(1) No liability to income tax arises in respect of an allowance paid to a person in employment under the Crown if it is certified to represent compensation for the extra cost of being obliged to live outside the United Kingdom in order to perform the duties of the employment. (2) A certificate under subsection (1) may only be given by— (a) the Treasury, (b) the Secretary of State, (c) the Lord Chancellor, (d) the Chancellor of the Exchequer, (e) the Minister for the Civil Service, (f) the Lord President of the Council, (g) the Lord Privy Seal, or (h) the Attorney General.

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299A Voluntary office-holders: compensation for lost employment income

(1) No liability to income tax arises in respect of a payment made by a relevant authority to a person if— (a) the person holds a voluntary office with the authority, (b) the person carries out duties of the office in a period in which he or she is also employed, and (c) the payment is made solely to compensate the person for lost employment income for the period (and accordingly does not exceed the amount of that income). (2) For the purposes of subsection (1) a person holds a voluntary office if, at the time the payment referred to in that subsection is made, the person— (a) is not entitled to any payment or benefit in connection with carrying out the duties of the office, (b) has not received any such payment or benefit, and (c) does not expect to receive any such payment or benefit. (3) For the purposes of subsection (2)(a), (b) and (c) disregard— (a) a payment (whether an advance payment or a reimbursement) in respect of reasonable expenses incurred in carrying out the duties of the office, and (b) a payment to which subsection (1) or section 16A of ITTOIA 2005 applies. (4) In subsection (1)(c) “lost employment income” means the difference between— (a) the amount of employment income, after deduction of tax and national insurance contributions, that the person would have received from the employment for the period if he or she had not carried out the duties of the office, and (b) the amount of employment income, after deduction of tax and national insurance contributions, that the person did receive from the employment for the period. (5) In subsection (1) “relevant authority” means any of the following— Government A government department The Welsh Ministers and the Counsel General to the Welsh Government The Scottish Ministers The holder of an office in the Scottish Administration which, for the purposes of the Scotland Act 1998, is not a ministerial office (see section 126(8) of that Act) A Northern Ireland department Local government A county, district or parish council in England The council of a London borough The Common Council of the City of London The Greater London Authority The Council of the Isles of Scilly A county, county borough or community council in Wales A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or community council in Scotland A district council in Northern Ireland Trade unions An organisation the name of which is entered in the list maintained by the Certification Officer under section 2 of the Trade Union and Labour Relations (Consolidation) Act 1992 An organisation the name of which is entered in the list maintained by the Certification Officer for Northern Ireland under Article 5 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)) Local medical committees A Local Medical Committee (see section 97(4) of the National Health Service Act 2006) Other public bodies A body (other than a company) that is established by or under a statutory provision for the purpose of carrying out functions conferred on it by or under a statutory provision. (6) In this section— “company” means a company as defined by section 1 of the Companies Act 2006; references to a relevant authority include a company the activities of which consist solely of carrying out some or all of the functions of that authority, otherwise than for profit; “statutory provision” includes any provision made by or under an Act of Parliament, an Act of the Scottish Parliament, any Northern Ireland legislation, or any Act or Measure of the National Assembly for Wales. (7) Section 16A of ITTOIA 2005 (voluntary office-holders: compensation for lost profits) contains equivalent provision for holders of a voluntary office who carry on a trade, profession or vocation.

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299B Voluntary office-holders: payments in respect of expenses

(1) No liability to income tax arises in respect of a payment to a person who holds a voluntary office if the payment is in respect of reasonable expenses incurred in carrying out the duties of that office. (2) It does not matter whether— (a) the payment is an advance payment or a reimbursement; (b) the person who makes the payment is the person with whom the office is held. (3) Subsections (2) and (3) of section 299A apply for the purposes of subsection (1) of this section as they apply for the purposes of subsection (1) of that section.

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300 Consuls

(1) No liability to income tax arises in respect of income arising from the office of a consul in the United Kingdom in the service of a foreign state. (2) Such income is also to be disregarded in estimating the amount of income for any income tax purposes. (3) In this section “consul” means a person recognised by Her Majesty as being a consul-general, consul, vice-consul or consular agent.

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301 Official agents

(1) No liability to income tax arises in respect of income arising from employment as an official agent in the United Kingdom for a foreign state if conditions A and B are met. (2) Condition A is that the employee is neither— (a) a Commonwealth citizen, nor (b) a citizen of the Republic of Ireland. (3) Condition B is that the functions of the employment are not exercised in connection with a trade, business or other undertaking carried on for the purposes of profit. (4) Such income is also to be disregarded in estimating the amount of income for any income tax purposes. (5) In this section “official agent” means a person who is not a consul (as defined in section 300) but is employed on the staff of— (a) a consulate, or (b) an official department or agency of a foreign state. (6) Subsection (5)(b) does not apply to a department or agency which carries on a trade, business or other undertaking for the purposes of profit.

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302 Consular employees

(1) No liability to income tax arises in respect of income arising from employment in the United Kingdom as a consular employee for a foreign state if— (a) Her Majesty by Order in Council directs that this section applies to the foreign state for the purpose of giving effect to a reciprocal arrangement with that state, and (b) condition A or B is met. (2) Condition A is that the employee is a national of the foreign state. (3) Condition B is that the employee is not a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen. (4) In this section— “consular employee” includes any person employed for the purposes of the official business of a consular officer at— any consulate, any consular establishment, or any other premises used for those purposes, and “reciprocal arrangement” means a consular convention or other arrangement with a foreign state, making similar provision to that made by this section , sections 646A and 681A of this Act and section 771 of ITTOIA 2005 (relevant foreign income of consular officers and employees) in the case of Her Majesty’s consular officers or employees in that state. (5) An Order in Council under subsection (1) may limit the operation of this section in relation to a state in any way appearing to Her Majesty necessary or expedient having regard to the arrangement with the state. (6) Such an Order— (a) may be made so as to have effect from a date earlier than that on which it is made, but not earlier than the arrangement in question comes into force, and (b) may contain such transitional provisions as appear to Her Majesty necessary or expedient. (7) A statutory instrument containing such an Order is subject to annulment in pursuance of a resolution of the House of Commons. (8) This section does not affect section 301 (official agents).

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303 Visiting forces etc

(1) No liability to income tax arises in respect of earnings if— (a) they are paid by the government of a designated country to a member of a visiting force of that country or of a civilian component of such a force, and (b) that person is not a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen. (2) For the purposes of subsection (1)— (a) members of the armed forces of a designated country who are attached to a designated international military headquarters are treated as a visiting force of that country, and (b) whether a person is a member of a civilian component of such a force is to be determined accordingly. (3) No liability to income tax arises in respect of earnings if they are paid by a designated allied headquarters to an employee of a category for the time being agreed between Her Majesty’s government in the United Kingdom and the other members of the North Atlantic Council. (4) But where the employee is a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, subsection (3) only applies if it is necessary for it to do so to give effect to an agreement between parties to the North Atlantic Treaty. (4A) No liability to income tax arises in respect of earnings if— (a) they are paid by the government of a designated country to a person belonging to the EU civilian staff, and (b) that person is not a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen. (5) Subsections (1) and (2) are to be interpreted as if— (a) they were in Part 1 of the Visiting Forces Act 1952 (c. 67), and (b) references in that Act to a country to which a provision of that Act applies were references to a designated country. (6) In this section— “allied headquarters” means an international military headquarters established under the North Atlantic Treaty, ... “designated” means designated for the purpose in question by or under an Order in Council made for giving effect to an international agreement, and “ the EU civilian staff ” means designated for the purpose in question by or under an Order in Council made for giving effect to an international agreement. civilian personnel seconded by a member State to an EU institution for the purposes of activities (including exercises) relating to the preparation for, and execution of, tasks mentioned in Article 43(1) of the Treaty on European Union (tasks relating to a common security and defence policy), as amended from time to time, and civilian personnel (other than locally hired personnel)— made available to the EU by a member State to work with designated international military headquarters or a force of a designated country, or otherwise made available to the EU by a member State for the purposes of activities of the kind referred to in paragraph (a).

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304 Experts seconded to European Commission

(1) No liability to income tax arises in respect of daily subsistence allowances paid by the European Commission to persons whose services are made available to the Commission by their employers under the detached national experts scheme. (2) “The detached national experts scheme” means— (a) the scheme relating to national experts seconded to the European Commission which was established by the Commission on 26th July 1988, as it has effect for the time being, or (b) any scheme having effect for the time being which replaces that scheme.

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304A Experts seconded to other European Union bodies

(1) No liability to income tax arises in respect of any subsistence allowances paid by a relevant EU body to persons who, because of their expertise in matters relating to the subject matter of the functions of the relevant EU body, have been seconded to the body by their employers. (2) Each of the following is a “relevant EU body”— (a) the European Medicines Agency, established as the European Agency for the Evaluation of Medicinal Products by Council Regulation (EEC) No 2309/93 of 22 July 1993, (b) the European Police College, established by Council Decision of 20 September 2005 (2005/681/JHA), (c) the European Banking Authority, established by Regulation (EU) No 1093/2010 of 24 November 2010, and (d) any other body established by an EU instrument which is designated as a relevant EU body for the purposes of this section by an order made by the Treasury.

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305 Offshore oil and gas workers: mainland transfers

(1) No liability to income tax arises in respect of— (a) the provision for an employee who has a permanent workplace at an offshore installation of— (i) transfer transport, (ii) related accommodation and subsistence, or (iii) local transport, or (b) the payment or reimbursement of reasonable expenses incurred by such an employee on such transport or accommodation and subsistence. (2) Subsection (1)(a)(ii) only applies if the related accommodation and subsistence is provided at reasonable cost. (3) In this section “transfer transport” means transport by sea or air between the mainland of Great Britain or Northern Ireland and the offshore installation, which meets conditions A and B. (4) Condition A is that the place of arrival or departure on the mainland is one to or from which transport between the mainland and the offshore installation is provided for employees generally. (5) Condition B is that the cost of the transport would not be deductible under Part 5 if the employee incurred and paid it. (6) In this section— “related accommodation and subsistence” means overnight accommodation and subsistence in the vicinity of the place of departure or arrival on the mainland, which is necessary because of the time at which transfer transport is to be taken, “local transport” means transport between a place where the employee is provided with related accommodation and subsistence and the place of departure or arrival on the mainland, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “workplace” and “permanent workplace” have the meaning given by section 339.

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306 Miners etc: coal and allowances in lieu of coal

(1) No liability to income tax arises in respect of the provision of coal or smokeless fuel or an allowance paid in lieu of such provision if the employee is a colliery worker and the condition in subsection (2) is met. (2) That condition is that the amount of coal or fuel provided or in respect of which the allowance is paid does not substantially exceed the amount reasonably required for personal use. (3) That condition is assumed to be met unless the contrary is shown. (4) In this section “colliery worker” means a coal miner or any other person employed at or about a colliery otherwise than in clerical, administrative or technical work.

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306A Carers: board and lodging

(1) For the purposes of this section an individual is employed as a home care worker if the duties of the employment consist wholly or mainly of the provision of personal care to another individual (“the recipient”) at the recipient's home, in a case where the recipient is in need of personal care because of— (a) old age, (b) mental or physical disability, (c) past or present dependence on alcohol or drugs, (d) past or present illness, or (e) past or present mental disorder. (2) No liability to income tax arises by virtue of Chapter 10 of Part 3 (taxable benefits: residual liability to charge) in respect of the provision of board or lodging (or both) to an individual employed as a home care worker if the provision is— (a) on a reasonable scale, (b) at the recipient's home, and (c) by reason of the individual's employment as a home care worker.

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306B Limited exemption for sporting testimonial payments

(1) This section applies to any sporting testimonial payments which are— (a) made out of money raised by a sporting testimonial (“the sporting testimonial”), and (b) treated by virtue of section 226E as earnings of a person (“S”). (2) No liability to income tax arises in respect of sporting testimonial payments to which this section applies. (3) Subsection (2) has effect subject to and in accordance with the following provisions. (4) It only applies— (a) if the controller of the relevant event or activity (or of all the relevant events or activities in a series) constituting the sporting testimonial is an independent person, (b) if S has not already benefitted from an exemption under this section in relation to one or more sporting testimonial payments made out of money raised by another sporting testimonial, and (c) where the sporting testimonial consists of a series of relevant events or activities taking place over more than a year, if the sporting testimonial payment is made out of money raised by events or activities taking place within the period of one year beginning with the day on which the first event or activity in the series took place. (5) It only applies to the first £100,000 of sporting testimonial payments made out of money raised by the sporting testimonial. (6) If sporting testimonial payments are made (out of money raised by the sporting testimonial) in two or more tax years, any part of the exempt amount that is not used in the first of those years is to be carried forward to the next tax year (and so on). (7) This section applies to sporting testimonial payments made to or to the order of the personal representatives of S (where S has died) but only if the payments are made within the period of 24 months beginning with the date of death. (8) In subsection (4)(a) “independent person” means a person who is not (or where the controller is a committee, a committee none of whose members are)— (a) S or a person connected with S, (b) an employer or former employer of S or a person connected with an employer or former employer of S, or (c) a person acting for or on behalf of a person mentioned in paragraph (a) or (b). (9) If the first relevant event or activity in a series took place before 6 April 2017, subsection (4)(c) has effect as if it referred to the year beginning with 6 April 2017. (10) Section 993 of ITA 2007 (meaning of “connected” persons) has effect for the purposes of this section. (11) Terms used in this section and section 226E have the same meaning as in that section.

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307 Death or retirement benefit provision

(1) No liability to income tax arises by virtue of Chapter 10 of Part 3 (taxable benefits: residual liability to charge) in respect of provision made by an employee’s employer under a registered pension scheme or otherwise for a retirement or death benefit. (1A) Subsection (1) does not apply to provision made for insuring against the risk that a retirement or death benefit under an employer-financed retirement benefits scheme cannot be paid or given because of the employer’s insolvency. (1B) In subsection (1A) “employer-financed retirement benefits scheme” has the same meaning as in Chapter 2 of Part 6 (see section 393A). (2) In this section “retirement or death benefit” means a pension, annuity, lump sum, gratuity or other similar benefit which will be paid or given to the employee , or paid or given in respect of the employee to any other individual or to a charity, in the event of the employee’s retirement or death.

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308 Exemption of contributions to registered pension scheme

No liability to income tax arises in respect of earnings where an employee’s employer makes contributions under a registered pension scheme in respect of the employee.

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308A Exemption of contributions to overseas pension scheme

(1) No liability to income tax arises in respect of earnings where an employer makes contributions under a qualifying overseas pension scheme in respect of an employee who is a relevant migrant member of the pension scheme. (2) In subsection (1)— “qualifying overseas pension scheme”, and “relevant migrant member”, have the same meaning as in Schedule 33 to FA 2004 (overseas pension schemes: migrant member relief).

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308B Independent advice in respect of conversions and transfers of pension scheme benefits

(1) No liability to income tax arises in respect of— (a) the provision to an employee or former employee of appropriate independent advice, or (b) the payment or reimbursement, to or in respect of an employee or former employee, of the cost of such advice, if conditions A to C are met. (2) Condition A is that the provision, payment or reimbursement is required by regulations under section 49 or 52 of the Pension Schemes Act 2015 (power to require employer to arrange independent advice in respect of conversions and transfers). (3) If condition A is met only as respects part of the payment or reimbursement because the amount of the payment or reimbursement exceeds the amount required to be paid or reimbursed, subsection (1) applies in respect of that part. (4) Condition B is that the provision, payment or reimbursement is not pursuant to relevant salary sacrifice arrangements. (5) Condition C is that such other requirements as may be specified in regulations made by the Treasury are satisfied in relation to the provision, payment or reimbursement. (6) In this section— “appropriate independent advice”— in relation to England and Wales and Scotland, has the meaning given by regulations under section 48 of the Pension Schemes Act 2015; in relation to Northern Ireland, has the meaning given by regulations under section 51 of that Act; “relevant salary sacrifice arrangements” means arrangements (whenever made, whether before or after the employment began) under which an employee gives up the right to receive an amount of general earnings or specific employment income in return for the provision of appropriate independent advice or the payment or reimbursement of the cost of such advice.

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308C Provision of pensions advice: limited exemption

(1) No liability to income tax arises in respect of— (a) the provision of relevant pensions advice to an employee or former or prospective employee, or (b) the payment or reimbursement of costs incurred, by or in respect of an employee or former or prospective employee, in obtaining relevant pensions advice, if Condition A or B is met. (2) But subsection (1) does not apply in relation to a person in a tax year so far as the value of the exemption in the person's case in that year exceeds £500. (3) The “value of the exemption”, in relation to a person and a tax year, is the amount exempted by subsection (1) from income tax in the person's case in that year, disregarding subsection (2) for this purpose. (4) If in a tax year there is in relation to an individual more than one person who is an employer or former employer, subsections (1) to (3) apply in relation to the individual as employee or former or prospective employee of any one of those persons separately from their application in relation to the individual as employee or former or prospective employee of any other of those persons. (5) “Relevant pensions advice”, in relation to a person, means information, or advice, in connection with— (a) the person's pension arrangements, or (b) the use of the person's pension funds. (6) Condition A is that the relevant pensions advice, or payment or reimbursement, is provided under a scheme that is open— (a) to the employer's employees generally, or (b) generally to the employer's employees at a particular location. (7) Condition B is that the relevant pensions advice, or payment or reimbursement, is provided under a scheme that is open generally to the employer's employees, or generally to those of the employer's employees at a particular location, who— (a) have reached the minimum qualifying age, or (b) meet the ill-health condition. (8) The “minimum qualifying age”, in relation to an employee, means the employee's relevant pension age less 5 years. (9) “Relevant pension age”, in relation to an employee, means— (a) if any of paragraphs 22, 23, 23ZB or 23ZC of Schedule 36 to FA 2004 apply in relation to the employee, the lowest protected pension age that applies as a result of those paragraphs (in relation to the employee or, as the case may be, to sums or assets that relate to the employee), or (b) in any other case, the employee's normal minimum pension age, as defined by section 279(1) of FA 2004. (10) The “ill-health condition” is met by an employee if the employer is satisfied, on the basis of evidence provided by a registered medical practitioner, that the employee is (and will continue to be) incapable of carrying on his or her occupation because of physical or mental impairment.

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309 Limited exemptions for statutory redundancy payments

(1) No liability to income tax in respect of earnings arises by virtue of a redundancy payment or an approved contractual payment, except where subsection (2) applies. (2) Where an approved contractual payment exceeds the amount which would have been due if a redundancy payment had been payable, the excess is liable to income tax. (3) No liability to income tax in respect of employment income other than earnings arises by virtue of a redundancy payment or an approved contractual payment, except where it does so by virtue of Chapter 3 of Part 6 (payments and benefits on termination of employment etc.). (4) For the purposes of this section— (a) a statutory payment in respect of a redundancy payment is to be treated as paid on account of the redundancy payment, and (b) a statutory payment in respect of an approved contractual payment is to be treated as paid on account of the approved contractual payment. (5) In this section— “approved contractual payment” means a payment to a person on the termination of the person’s employment under an agreement in respect of which an order is in force under section 157 of ERA 1996 or Article 192 of ER(NI)O 1996, “redundancy payment” means a redundancy payment under Part 11 of ERA 1996 or Part 12 of ER(NI)O 1996, and “statutory payment” means a payment under section 167(1) of ERA 1996 or Article 202(1) of ER(NI)O 1996. (6) In subsection (5) “employment”, in relation to a person, has the meaning given in section 230(5) of ERA 1996 or Article 3(5) of ER(NI)O 1996.

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310 Counselling and other outplacement services

(1) No liability to income tax arises in respect of— (a) the provision of services to a person in connection with the cessation of the person’s employment, or (b) the payment or reimbursement of— (i) fees for such provision, or (ii) travelling expenses incurred in connection with such provision, if conditions A to D and, in the case of travel expenses, condition E are met. (2) Condition A is that the only or main purpose of the provision of the services is to enable the person to do either or both of the following— (a) to adjust to the cessation of the employment, or (b) to find other gainful employment (including self-employment). (3) Condition B is that the services consist wholly of any or all of the following— (a) giving advice and guidance, (b) imparting or improving skills, (c) providing or making available the use of office equipment or similar facilities. (4) Condition C is that the person has been employed ... in the employment which is ceasing throughout the period of 2 years ending— (a) at the time when the services begin to be provided, or (b) if earlier, at the time when the employment ceases. (5) Condition D is that the opportunity to receive the services, on similar terms as to payment or reimbursement of any expenses incurred in connection with their provision, is available— (a) generally to employees or former employees of the person’s employer in that employment, or (b) to a particular class or classes of them. (6) Condition E is that the travel expenses are expenses— (a) in respect of which, on the assumptions in subsection (7), mileage allowance relief under Chapter 2 of this Part would be available if no mileage allowance payments had been made, or (b) which, on those assumptions, would be deductible under Part 5. (7) The assumptions are— (a) that receiving the services is one of the duties of the employee’s employment, (b) that the employee incurs and pays the expenses, and (c) if the employment has in fact ceased, that it continues. (8) In this section “mileage allowance payments” has the meaning given by section 229(2).

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311 Retraining courses

(1) No liability to income tax arises in respect of the payment or reimbursement of retraining course expenses by a person (“the employer”) if the course conditions, the employment conditions and, in the case of travel expenses, the conditions in subsection (5) are met. (2) In subsection (1) “retraining course expenses” means— (a) fees for the attendance of another person (“the employee”) at a training course, (b) travelling expenses incurred in connection with it, (c) fees for an examination taken during or at the end of it, or (d) the cost of any books which are essential for a person attending it. (3) The course conditions are that— (a) the course provides training designed to impart or improve skills or knowledge relevant to, and intended to be used in the course of, gainful employment (including self-employment) of any description, (b) it is entirely devoted to the teaching or practical application (or both) of the skills or knowledge, and (c) it lasts no more than two years. ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The employment conditions are that— (a) the employee begins the course while employed by the employer or within the period of one year after the employment ceases, (b) the employee ceases to be employed by the employer before the end of the period of 2 years beginning at the end of the course and is not re-employed by the employer within the period of 2 years after so ceasing, (c) the employee is employed ... in the employment which is ceasing throughout the period of 2 years ending— (i) when the employee begins the course, or (ii) if earlier, when the employment ceases, and (d) the opportunity to undertake the course, on similar terms as to payment or reimbursement of amounts within subsection (1), is available— (i) generally to the employee’s fellow employees or former fellow employees in that employment, or (ii) to a particular class or classes of them. (5) The travel expenses must be— (a) expenses in respect of which, on the assumptions in subsection (6), mileage allowance relief under Chapter 2 of this Part would be available if no mileage allowance payments had been made, or (b) expenses which, on those assumptions, would be deductible under Part 5. (6) The assumptions are— (a) that attendance at the course is one of the duties of the employee’s employment, (b) that the employee incurs and pays the expenses, and (c) if the employee has in fact ceased to be employed by the employer, that the employee continues to be employed by the employer. (7) In this section “mileage allowance payments” has the meaning given by section 229(2).

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312 Recovery of tax

(1) This section applies if— (a) a person’s liability to tax for a tax year has been determined on the assumption that section 311(1) applies, and (b) subsequently— (i) the condition in section 311(4)(a) is not met because of the person’s failure to begin the course within the period of one year after ceasing to be employed, or (ii) the condition in section 311(4)(b) is not met because of the person’s continued employment or re-employment. (2) An assessment of an amount or further amount of tax due as a result of the condition not being met may be made under section 29(1) of TMA 1970. (3) Such an assessment must be made before the end of the period of 6 years immediately following the end of the tax year in which subsection (1) first applies. (4) If subsection (1)(b)(i) or (ii) applies, the person’s employer or former employer must give an officer of Revenue and Customs a notice containing particulars of the person’s failure to begin the course or continued employment or re-employment within 60 days of coming to know of it. (5) If an officer of Revenue and Customs has reason to believe that a person has failed to give such a notice, the officer may by notice require the person to provide such information as the officer may reasonably require for the purposes of this section about— (a) the failure to begin the course, (b) the continued employment, or (c) the re-employment. (6) A notice under subsection (5) may specify a time (not less than 60 days) within which the required information must be provided.

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312A Limited exemption for qualifying bonus payments

(1) This section applies in relation to qualifying bonus payments made, in a tax year (“the tax year”), by an employer which is a company to an employee or former employee of the employer. (2) No liability to income tax arises in respect of the qualifying bonus payments if, or to the extent that, the total chargeable amount in respect of those payments does not exceed £3,600 (“the exempt amount”). (3) If qualifying bonus payments are made to the same person by two or more employers in the tax year, subsection (2) applies separately in relation to the total payments made by each employer, unless subsection (4) applies. (4) If two or more employers are members of the same group at the time each of them first makes a qualifying bonus payment to the employee or former employee in the tax year, subsection (2) applies as if the reference to the qualifying bonus payments were to all the qualifying bonus payments made by those employers to the employee or former employee in that tax year. (5) If, in a tax year— (a) an employer makes a payment when it is a member of a group, and (b) later in that tax year the employer ceases to be a member of that group, the employer is treated for the purposes of this section as remaining a member of that group for the remainder of the tax year (without prejudice to it also being a member of any other group). (6) In applying subsection (2)— (a) the exempt amount is set against payments in the order in which they are made, and (b) if two or more payments are made on the same day, which together take the total payments made in the tax year over the exempt amount, subsection (7) applies to determine the amount of each of those payments which is exempt. (7) In a case within subsection (6)(b), the amount of a payment which is exempt is given by the formula— P SP × REA where— P is the amount of the payment, SP is the sum of that payment and the other payments made on the same day, and REA is so much of the exempt amount as remains after taking account of any qualifying bonus payments previously made in the tax year. (8) Where subsection (2) applies separately to different payments by virtue of subsection (3), subsections (6) and (7) also apply to those payments separately. (9) The Treasury may by order increase or reduce the sum of money specified in subsection (2). (10) A statutory instrument containing an order under this section which reduces the sum of money specified may not be made unless a draft of it has been laid before and approved by a resolution of the House of Commons. (11) In this section “chargeable amount”, in respect of a qualifying bonus payment, means the amount of employment income which would be charged to tax in respect of that qualifying bonus payment, apart from this section.

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312B “Qualifying bonus payments”

(1) A payment made by an employer (“E”) to an employee or former employee is a qualifying bonus payment if— (a) it does not consist of regular salary or wages, (b) it is awarded under a scheme which meets the participation requirement and the equality requirement (see section 312C), (c) E meets the trading requirement (see section 312D) throughout the qualifying period, (d) E meets the indirect employee-ownership requirement (see section 312E) throughout the qualifying period, (e) E meets the office-holder requirement (see section 312F) at the time the payment is made and on at least the requisite number of days in the qualifying period (whether or not those days are consecutive), (f) E is not a service company (see section 312G), (g) the payment is not excluded (see section 312H), and (h) where it is a payment to a former employee, it is made in the period of 12 months beginning with the day the employment ceased. (2) In this section “the qualifying period”, in relation to a payment, means the period of 12 months ending with the day on which the payment is made. (3) But in a case where E meets the indirect employee-ownership requirement on the day on which the payment is made— (a) if the controlling interest requirement was first met during that 12 month period, the qualifying period does not include any time before it was met, and (b) if the all-employee benefit requirement was first met during that 12 month period, the qualifying period does not include any time before that requirement was met. (4) In this section “the requisite number of days” means— (a) if the qualifying period is 12 months, the number of days in that period reduced by 90, and (b) if the qualifying period is a shorter period by virtue of subsection (3), the number of days in that period reduced by the corresponding fraction of 90 days.

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312C Section 312B: the participation and equality requirements

(1) For the purposes of section 312B— (a) the participation requirement is that all persons in relevant employment when the award is determined must be eligible to participate in that and any other award under the scheme, and (b) the equality requirement is that every employee who participates in an award under the scheme must do so on the same terms. (2) A person is in “relevant employment” if— (a) where E is a member of a group, the person is employed by any company which is a member of the group, and (b) in any other case, the person is employed by E. (2A) The participation requirement is not infringed by reason of the exclusion of directors of the company from participating in an award. (3) The participation requirement is not infringed by reason of a person in relevant employment being excluded from participating in an award because, at the time the award is determined, the person has less than the minimum period of continuous service in relevant employment required by E. But the minimum period required by E for this purpose must not exceed 12 months. (4) The participation requirement is not infringed— (a) by reason of a person being excluded from participating in an award where— (i) disciplinary proceedings have been taken against the person by E which have resulted in a finding of gross misconduct against the person, and (ii) that finding was made in the period of 12 months immediately before the time the award is determined, (b) by reason of a person's eligibility to participate in an award being conditional, in a case where the person is at the time of the award subject to disciplinary proceedings taken by E, upon those proceedings being concluded and no finding of gross misconduct being made against that person, or (c) by a person being treated as never having been eligible to participate in an award where, after the award was made but before the payment is made— (i) a finding of gross misconduct is made against that person in disciplinary proceedings taken by E after the award was made, or (ii) that person is summarily dismissed from the employment. (5) The equality requirement is infringed if the amount of an award to an employee under the scheme is determined by reference to factors other than those mentioned in subsection (6). (6) The equality requirement is not infringed by reason of the amount of an award under the scheme to employees participating in the award being determined by reference to— (a) an employee's remuneration, (b) an employee's length of service, or (c) hours worked by an employee; but this is subject to subsections (7) and (8). (7) The equality requirement is infringed if an award is made on terms such that some (but not all) of the employees participating in the award receive nothing. (8) If the amount of an award is determined by reference to more than one of the factors mentioned in subsection (6), the equality requirement is infringed unless— (a) each factor gives rise to a separate entitlement related to the level of remuneration, length of service or (as the case may be) hours worked, and (b) the total entitlement is the sum of those separate entitlements. (9) Subject to subsection (6), the equality requirement is infringed if any feature of the scheme has, or is likely to have, the effect of conferring benefits wholly or mainly on those participating in the award who are— (a) directors or former directors, or (b) employees receiving the higher or highest levels of remuneration, or (c) employees who— (i) are employed in a particular part of the business carried on by E or, if E is a member of a group, the group, or (ii) carry on particular kinds of activities. (10) In subsections (1)(b), (5), (6), (7) and (9) references to an employee include a former employee, so, when applying those subsections in relation to a former employee, any reference to remuneration, length of service, hours worked, being employed in a particular part of a business or carrying on particular activities is to be read as relating to that former employment.

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312D Section 312B: the trading requirement

(1) For the purposes of section 312B, a company meets the trading requirement if— (a) it is a trading company which is not a member of a group, or (b) it is a member of a trading group. (2) “Trading company” means a company carrying on trading activities whose activities do not include to a substantial extent activities other than trading activities. (3) “Trading group” means a group— (a) one or more of whose members carry on trading group activities, and (b) the activities of whose members, taken together, do not include to a substantial extent activities other than trading group activities. (4) In this section— “trading activities” means activities carried on by the company in the course of, or for the purposes of, a trade being carried on by it; “trading group activities” means activities carried on by a member of the group in the course of, or for the purposes of, a trade being carried on by any member of the group. (5) For the purposes of determining whether a company is a trading company or a member of a trading group— (a) the activities of the members of a group are to be treated as one business (with the result that activities are disregarded to the extent that they are intra-group activities), and (b) a business carried on by a company in partnership with one or more other persons is to be treated as not being a trading activity.

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312E Section 312B: the indirect employee-ownership requirement

(1) For the purposes of section 312B, a company meets the indirect employee-ownership requirement if— (a) a settlement meets the controlling interest requirement in respect of— (i) the company, or (ii) if the company is a member of a trading group, but not the principal company, that principal company, and (b) the settlement meets the all-employee benefit requirement. (2) For this purpose— (a) section 236M of TCGA 1992 applies to determine if a settlement meets the controlling interest requirement in respect of the company mentioned in subsection (1)(a)(i) or (ii) (as the case may be), and (b) sections 236J and 236K of that Act apply to determine if the settlement meets the all-employee benefit requirement (but see subsection (3)). (3) If a settlement would not otherwise meet the all-employee benefit requirement at any time during the qualifying period, section 236L of TCGA 1992 applies for the purposes of subsection (1)(b), unless the all-employee benefit requirement has (ignoring that section) previously been met at any time in the period— (a) beginning with 10 December 2013, and (b) ending immediately before that time. (4) For the purposes of subsections (2) and (3)— (a) in sections 236I to 236M of TCGA 1992 references to C are to be read as references to the company in respect of which the settlement is required to meet the controlling interest requirement (see subsection (1)(a)), and (b) section 236L of that Act applies as if the reference in subsection (1)(c) of that section to the period of 12 months ending with the time in question were a reference to the period of 12 months ending with the date the payment is made (even if the qualifying period is a period of less than 12 months by virtue of section 312B(3)).

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312F Section 312B: the office-holder requirement

(1) For the purposes of section 312B, a company meets the officer-holder requirement if the appropriate fraction does not exceed 2/5. (2) “The appropriate fraction” means— ND NE where— ND is the number of persons who are one or both of the following— a director or other office-holder of the company; an employee of the company connected with a person within paragraph (a); NE is the number of persons who are employees (or office-holders) of the company.

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312G “Service company”

(1) For the purposes of section 312B, “service company” means— (a) a managed service company within the meaning of section 61B, or (b) a company (“SC”) in respect of which Conditions A and B are met. (2) Condition A is that the business carried on by SC consists substantially of the provision of the services of persons employed by it. (3) Condition B is that the majority of those services are provided to persons— (a) to whom subsection (4) applies, but (b) who are not members of the same group as the company which makes the payment. (4) This subsection applies to— (a) a person who controls or has controlled, or two or more persons who together control or have controlled, SC or any company of which SC is a 51% subsidiary at the time the payment is made, (b) a person who, or two or more persons who together, at any time before the time the payment is made— (i) employed all or a majority of the employees of SC, or (ii) employed all or a majority of the employees of SC and other companies which are members of the same group as SC at the time the payment is made (taken together), and (c) any company which is a 51% subsidiary of, controlled by or connected or associated with, any person within paragraph (a) or (b). (5) For the purposes of subsection (4)— (a) a partnership is to be treated as a single person, and (b) where a partner (alone or together with others) has control of a company, the partnership is to be treated as having (in the same way) control of that company. (6) The following provisions apply for the purposes of this section— (a) section 449 of CTA 2010 (“associated company”); (b) section 995 of ITA 2007 (meaning of “control”); (c) section 286 of TCGA 1992 (connected persons: interpretation).

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312H Excluded payments

(1) For the purposes of section 312B, a payment is “excluded” if the employee is a party to arrangements (whether made before or after the beginning of the employee's employment) under which— (a) the employee gives up the right to receive an amount of general earnings or specific employment income in return for the provision of the payment, or (b) the employee and employer agree that the employee is to receive the payment rather than receive some other description of employment income. (2) In this section references to an employee include a former employee.

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312I Interpretation of Chapter 10A

(1) In this Chapter— “company” has the meaning given by section 170(9) of TCGA 1992; “trade” means any trade which is conducted on a commercial basis and with a view to the realisation of profits. (2) In this Chapter— (a) references to a group, to membership of a group, to the principal company of a group or to being members of the same group, are to be construed in accordance with section 170 of TCGA 1992, and (b) references to a group are to be construed with any necessary modifications where applied to a company incorporated under the law of a country or territory outside the United Kingdom. (3) For the purposes of this Chapter, a payment is treated as made when it would be treated as received for the purposes of Chapter 4 of Part 2 if it were not a qualifying bonus payment (see section 18). (4) In this Chapter references to a payment to an employee or former employee include a payment to the personal representatives of an employee or former employee who has died if the payment is made within the period of 12 months beginning with the date of death.

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