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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

41A Taxable specific income from employment-related securities: effect of remittance basis

(1) This section applies if— (a) an amount within subsection (2) counts as employment income of an individual for a tax year in respect of an employment (“the securities income”), and (b) any part of the relevant period (see section 41B) is within a tax year for which section 809B, 809D or 809E of ITA 2007 (remittance basis) applies to the individual. (2) An amount is within this subsection if it counts as employment income under any provision of any of Chapters 2, 3 and 3C to 5 of Part 7 (employment-related securities etc) except section 446UA. (3) The reference in subsection (2) to an amount that counts as employment income under any of the provisions mentioned there does not include an amount which counts as employment income by virtue of any provision of Chapter 3A or 3B of Part 7. (4) An amount equal to— SI-FSI is an amount of “taxable specific income” from the employment for the tax year mentioned in subsection (1)(a). (5) In subsection (4)— (a) SI is the amount of the securities income, and (b) FSI is the amount of the securities income that is “foreign” (see sections 41C to 41E). (6) The full amount of any of the foreign securities income which is remitted to the United Kingdom in a tax year is an amount of “taxable specific income” from the employment for that year. (7) Subsection (6) applies whether or not the employment is held when the foreign securities income is remitted. (8) For the purposes of Chapter A1 of Part 14 of ITA 2007 (remittance basis), treat the relevant securities or securities option as deriving from the foreign securities income. (9) But where— (a) the chargeable event is the disposal of the relevant securities or the assignment or release of the relevant securities option, and (b) the individual receives consideration for the disposal, assignment or release of an amount equal to or exceeding the market value of the relevant securities or securities option, for the purposes of that Chapter treat the consideration (and not the relevant securities or securities option) as deriving from the foreign securities income. (10) In this section and section 41B— “the chargeable event” means the event giving rise to the securities income, and “the relevant securities” or “the relevant securities option” means the employment-related securities or employment-related securities option by virtue of which the amount mentioned in subsection (1)(a) counts as employment income. (11) See Chapter A1 of Part 14 of ITA 2007 for the meaning of “remitted to the United Kingdom” etc.

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41B Section 41A: the relevant period

(1) “The relevant period” is to be determined as follows. (2) In the case of an amount that counts as employment income by virtue of Chapter 2 (restricted securities) or Chapter 3 (convertible securities), the relevant period— (a) begins with the day of the acquisition, and (b) ends with the day of the chargeable event. (3) In the case of an amount that counts as employment income by virtue of section 446U (securities acquired for less than market value: discharge of notional loan)— (a) if the relevant securities were acquired by virtue of the exercise of a securities option (“the option”), the relevant period— (i) begins with the day of the acquisition of the option, and (ii) ends with the day the option vests, and (b) otherwise, the relevant period is— (i) the tax year in which the notional loan (within the meaning of Chapter 3C) is treated as made, or (ii) if the chargeable event occurs in that year, the period beginning at the beginning of that year and ending with the day of that event. (4) In the case of an amount that counts as employment income by virtue of— (a) Chapter 3D (securities disposed of for more than market value), or (b) Chapter 4 (post-acquisition benefits from securities), the relevant period is the tax year in which the chargeable event occurs. (5) In the case of an amount that counts as employment income by virtue of Chapter 5 (employment-related securities options), the relevant period— (a) begins with the day of the acquisition, and (b) ends with the day of the chargeable event or, if earlier, the day the relevant securities option vests. (6) In this section “the acquisition” has the same meaning as in Chapters 2 to 4 or Chapter 5 (see section 421B or 471). (7) For the purposes of this section an option “vests” when it is first capable of being exercised. (8) References in this section to a Chapter are to a Chapter of Part 7.

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41C Section 41A: foreign securities income

(1) The extent to which the securities income is “foreign” is to be determined as follows. (2) Treat an equal amount of the securities income as accruing on each day of the relevant period. (3) If any part of the relevant period is within a tax year to which subsection (4) applies, the securities income treated as accruing in that part of the relevant period is “foreign”. This is subject to section 41D (limit where duties of associated employment performed in UK). (4) This subsection applies to a tax year if— (a) section 809B, 809D or 809E of ITA 2007 applies to the individual for the year, (b) the individual does not meet the requirement of section 26A for the year (reading references there to the employee as references to the individual), (c) the employment is with a foreign employer, and (d) the duties of the employment are performed wholly outside the United Kingdom. (4A) But subsection (4) does not apply to a tax year if section 24A applies in relation to the employment for the tax year. (5) If any part of the relevant period is within a tax year to which subsection (6) applies— (a) if the duties of the employment are performed wholly outside the United Kingdom, the securities income treated as accruing in that part of the relevant period is “foreign”, and (b) if some but not all of those duties are performed outside the United Kingdom— (i) the securities income mentioned in paragraph (a) is to be apportioned (on a just and reasonable basis) between duties performed in the United Kingdom and duties performed outside the United Kingdom, and (ii) the income apportioned in respect of duties performed outside the United Kingdom is “foreign”. (6) This subsection applies to a tax year if— (a) section 809B, 809D or 809E of ITA 2007 applies to the individual for the year, (b) the individual meets the requirement of section 26A for the year (reading references there to the employee as references to the individual), and (c) some or all of the duties of the employment are performed outside the United Kingdom. (7) If the individual is not resident in the United Kingdom in a tax year, for the purposes of this section treat section 809B of ITA 2007 as applying to the individual for that year. (8) This section is subject to section 41E (foreign securities income: just and reasonable apportionment). (9) If subsection (4) does not apply to a tax year by virtue of subsection (4A), it is to be assumed for the purposes of section 41E that it is just and reasonable for none of the securities income treated as accruing in the tax year to be “foreign”.

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41D Limit on foreign securities income where duties of associated employment performed in UK

(1) This section imposes a limit on the extent to which section 41C(3) applies in relation to a period when— (a) the individual holds associated employments as well as the employment in relation to which section 41C(4) applies, and (b) the duties of the associated employments are not performed wholly outside the United Kingdom. (2) The amount of the securities income for the period that is to be regarded as “foreign” is limited to such amount as is just and reasonable, having regard to— (a) the employment income for the period from all the employments mentioned in subsection (1)(a), (b) the proportion of that income that is general earnings to which section 22 applies (chargeable overseas earnings), (c) the nature of and time devoted to the duties performed outside the United Kingdom, and those performed in the United Kingdom, in the period, and (d) all other relevant circumstances. (3) In this section “associated employments” means employments with the same employer or with associated employers. (4) Section 24(5) and (6) (meaning of “associated employer”) apply for the purposes of this section.

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41E Foreign securities income: just and reasonable apportionment

(1) This section applies if the proportion of the securities income that would otherwise be regarded as “foreign” is not, having regard to all the circumstances, one that is just and reasonable. (2) The amount of the securities income that is “foreign” is such amount as is just and reasonable (rather than the amount calculated in accordance with section 41C).

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41F Taxable specific income: internationally mobile employees etc

(1) This section applies if— (a) an amount counts under Chapters 2 to 5 of Part 7 (employment-related securities etc) as employment income of an individual for a tax year (“the securities income”) in respect of an employment (“the relevant employment”), and (b) one or more of the international mobility conditions is met in relation to the individual (see subsection (2)). (2) The “international mobility conditions” are— (a) that any part of the relevant period (see section 41G) is within a tax year for which section 809B, 809D or 809E of ITA 2007 (remittance basis) applied to the individual; (b) that any part of the relevant period is within a tax year for which the individual is not UK resident; (c) that any part of the relevant period is within the overseas part of a tax year that is a split year with respect to the individual. (3) An amount equal to— SI − FSI is an amount of “taxable specific income” from the relevant employment for the tax year mentioned in subsection (1)(a). (4) In subsection (3)— (a) SI is the amount of the securities income, and (b) FSI is the amount of the securities income that is “foreign”. (5) The amount of the securities income that is “foreign” is the sum of any chargeable foreign securities income and any unchargeable foreign securities income (see sections 41H to 41L). (6) The full amount of any chargeable foreign securities income which is remitted to the United Kingdom in a tax year is an amount of “taxable specific income” from the relevant employment for that year. (7) Subsection (6) applies whether or not the relevant employment is held when the chargeable foreign securities income is remitted. (8) For the purposes of Chapter A1 of Part 14 of ITA 2007 (remittance basis), treat the relevant securities or relevant securities option as deriving from the chargeable foreign securities income. (9) But where— (a) the chargeable event is the disposal of the relevant securities or the assignment or release of the relevant securities option, and (b) the individual receives consideration for the disposal, assignment or release of an amount equal to or exceeding the market value of the relevant securities or relevant securities option, for the purposes of that Chapter treat the consideration (and not the relevant securities or relevant securities option) as deriving from the chargeable foreign securities income. (10) See Chapter A1 of Part 14 of ITA 2007 for the meaning of “remitted to the United Kingdom”. (11) In this section and section 41G— “the chargeable event” means the event giving rise to the securities income, and “the relevant securities” or “the relevant securities option” means the employment-related securities or employment-related securities option by virtue of which the amount mentioned in subsection (1)(a) counts as employment income.

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41G Section 41F: the relevant period

(1) “The relevant period” is to be determined as follows. (2) In the case of an amount that counts as employment income by virtue of Chapter 2 of Part 7 (restricted securities) (other than where subsection (4) applies) or Chapter 3 of that Part (convertible securities), the relevant period— (a) begins with the day of the acquisition, and (b) ends with the day of the chargeable event. (3) In the case of an amount that counts as employment income by virtue of section 446B (securities with artificially depressed market value: charge on acquisition), the relevant period is the tax year in which the acquisition occurs. (4) In a case within subsection (1)(aa) or (b) of section 446E (securities with artificially depressed market value: charge on restricted securities) where an amount counts as employment income by virtue of that section, the relevant period— (a) begins at the beginning of the tax year in which the chargeable event is treated as occurring, and (b) ends with the day on which the chargeable event is treated as occurring. (5) In the case of an amount that counts as employment income by virtue of section 446L (securities with artificially enhanced market value), the relevant period— (a) begins at the beginning of the tax year in which the valuation date (within the meaning of that section) falls, and (b) ends with the valuation date. (6) In the case of an amount that counts as employment income by virtue of section 446U (securities acquired for less than market value: discharge of notional loan) or 446UA (avoidance cases in respect of such securities)— (a) if the relevant securities were acquired by virtue of the exercise of a securities option (“the option”), the relevant period— (i) begins with the day of the acquisition of the option, and (ii) ends with the day the option vests, and (b) otherwise, the relevant period is— (i) the tax year in which the notional loan (within the meaning of Chapter 3C of Part 7) is treated as made, or (ii) if the chargeable event occurs in that year, the period beginning at the beginning of that year and ending with the day of that event. (7) In the case of an amount that counts as employment income by virtue of— (a) Chapter 3D of Part 7 (securities disposed of for more than market value), or (b) Chapter 4 of that Part (post-acquisition benefits from securities), the relevant period is the tax year in which the chargeable event occurs. (8) In the case of an amount that counts as employment income by virtue of Chapter 5 of Part 7 (employment-related securities options), the relevant period— (a) begins with the day of the acquisition, and (b) ends with the day of the chargeable event or, if earlier, the day the relevant securities option vests. (9) If the relevant period determined in accordance with subsections (2) to (8) would not, in all the circumstances, be just and reasonable, the relevant period is to be such period as is just and reasonable. (10) In this section “the acquisition” has the same meaning as in Chapters 2 to 4 or Chapter 5 of Part 7 (see section 421B or 471). (11) For the purposes of this section an option “vests”— (a) when it becomes exercisable, or (b) if earlier, when it becomes exercisable subject only to a period of time expiring. (12) See section 41F(11) for the definitions of “the chargeable event”, “the relevant securities” and “the relevant securities option”.

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41H Section 41F: chargeable and unchargeable foreign securities income

(1) The extent to which the securities income is “chargeable foreign securities income” or “unchargeable foreign securities income” is to be determined as follows. (2) Treat an equal amount of the securities income as accruing on each day of the relevant period. (3) If any part of the relevant period is within a tax year to which subsection (4) applies, the securities income treated as accruing in that part of the relevant period is “chargeable foreign securities income”. This is subject to subsection (9) and section 41I (limit where duties of associated employment performed in UK). (4) This subsection applies to a tax year if— (a) section 809B, 809D or 809E of ITA 2007 applied to the individual for the year, (b) the individual did not meet the requirement of section 26A for the year (reading references there to the employee as references to the individual), (c) the relevant employment was with a foreign employer, and (d) the duties of the relevant employment were performed wholly outside the United Kingdom in the year. (5) But subsection (4) does not apply to a tax year if section 24A applies in relation to the relevant employment for the tax year. (6) If any part of the relevant period is within a tax year to which subsection (7) applies— (a) if the duties of the relevant employment are performed wholly outside the United Kingdom, the securities income treated as accruing in that part of the relevant period is “chargeable foreign securities income”, and (b) if some, but not all, of those duties are performed outside the United Kingdom— (i) the securities income mentioned in paragraph (a) is to be apportioned (on a just and reasonable basis) between duties performed in the United Kingdom and duties performed outside the United Kingdom, and (ii) the income apportioned in respect of duties performed outside the United Kingdom is “chargeable foreign securities income”. This is subject to subsection (9). (7) This subsection applies to a tax year if— (a) section 809B, 809D or 809E of ITA 2007 applied to the individual for the year, (b) the individual met the requirement of section 26A for the year (reading references there to the employee as references to the individual), and (c) some or all of the duties of the relevant employment were performed outside the United Kingdom in the year. (8) If any part of the relevant period is within a tax year for which the individual is not UK resident— (a) if the duties of the relevant employment are performed wholly outside the United Kingdom in that year, the securities income treated as accruing in that part of the relevant period is “unchargeable foreign securities income”, or (b) if some, but not all, of those duties are performed outside the United Kingdom in that year— (i) the securities income mentioned in paragraph (a) is to be apportioned (on a just and reasonable basis) between duties performed in the United Kingdom and duties performed outside the United Kingdom, and (ii) the income apportioned in respect of duties performed outside the United Kingdom is “unchargeable foreign securities income”. (9) If any part of the relevant period is within the overseas part of a tax year that is a split year with respect to the individual— (a) if the duties of the relevant employment are performed wholly outside the United Kingdom in that overseas part, the securities income treated as accruing in that part of the relevant period is “unchargeable foreign securities income”, or (b) if some, but not all, of those duties are performed outside the United Kingdom in that overseas part— (i) the securities income mentioned in paragraph (a) is to be apportioned (on a just and reasonable basis) between duties performed in the United Kingdom and duties performed outside the United Kingdom, and (ii) the income apportioned in respect of duties performed outside the United Kingdom is “unchargeable foreign securities income”. (10) If subsection (4) does not apply to a tax year by virtue of subsection (5), it is to be assumed for the purposes of section 41L that it is just and reasonable for none of the securities income treated as accruing in the tax year to be “chargeable foreign securities income”. (11) See section 41J for further provision about the location of employment duties. (12) This section is subject to— (a) section 41K (securities income from overseas Crown employment), and (b) section 41L (chargeable and unchargeable foreign securities income: just and reasonable apportionment).

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41I Limit on “chargeable foreign securities income” where duties of associated employment performed in UK

(1) This section imposes a limit on the extent to which section 41H(3) applies in relation to a period when— (a) the individual holds associated employments as well as the relevant employment, and (b) the duties of the associated employments are not performed wholly outside the United Kingdom. (2) The amount of the securities income for the period that is to be regarded as “chargeable foreign securities income” is limited to such amount as is just and reasonable, having regard to— (a) the employment income for the period from all the employments mentioned in subsection (1)(a), (b) the proportion of that income that is general earnings to which section 22 applies (chargeable overseas earnings), (c) the nature of, and time devoted to, the duties performed outside the United Kingdom, and those performed in the United Kingdom, in the period, and (d) all other relevant circumstances. (3) In this section “associated employments” means employments with the same employer or with associated employers. (4) Section 24(5) and (6) (meaning of “associated employer”) applies for the purposes of this section.

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41J Location of employment duties

(1) The following provisions apply for the purposes of this Chapter— (a) section 39(1) and (2), and (b) section 40 (but as if in subsections (3) and (4) of that section references to section 24(1)(b) were to section 41I(1)(b)). (2) Duties of an employment performed in the UK sector of the continental shelf in connection with exploration or exploitation activities are to be treated for the purposes of this Chapter as being performed in the United Kingdom. (3) In subsection (2) “the UK sector of the continental shelf” and “exploration or exploitation activities” have the same meaning as in section 41 (treatment of general earnings from employment in the UK sector of the continental shelf).

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41K Securities income from overseas Crown employment

(1) If securities income is from overseas Crown employment subject to United Kingdom tax, it is (notwithstanding any other provision of this Chapter) not “foreign”. (2) “Securities income from overseas Crown employment” means securities income from Crown employment (within the meaning given by section 28(2)) in respect of duties performed outside the United Kingdom. (3) Such securities income is to be taken as being “subject to United Kingdom tax” unless, by virtue of subsection (4), it falls within an exception contained in an order under section 28(5). (4) Subject to any provision made in an order under section 28(5) for the purposes of this section, provisions made in an order under that section for the purposes of excepting general earnings from overseas Crown employment from the operation of section 27(2) also have effect for the purposes of excepting securities income from such employment from the operation of subsection (1). (5) For the purposes of this section, if securities income is partly from overseas Crown employment subject to United Kingdom tax, a just and reasonable proportion of the securities income is to be taken to be from such employment.

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41L Chargeable and unchargeable foreign securities income: just and reasonable apportionment

(1) This section applies if the proportion of the securities income that would otherwise be regarded as “chargeable foreign securities income” or “unchargeable foreign securities income” is not, having regard to all the circumstances, just and reasonable. (2) The amounts of the securities income that are “chargeable foreign securities income” and “unchargeable foreign securities income” are such amounts as are just and reasonable (rather than the amounts calculated in accordance with section 41H).

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41M Foreign employment election for qualifying new residents

(1) This Chapter applies if an individual is a qualifying new resident for a tax year (the “qualifying year”). (2) An individual is a qualifying new resident for a tax year for the purposes of this Chapter if the individual is a qualifying new resident for the tax year for the purposes of Chapter 5 of Part 8 of ITTOIA 2005 (see section 845B of that Act). (3) The individual may make an election for the qualifying year under this section (“a foreign employment election”). (4) Section 41P makes provision about a claim for relief— (a) which an individual can make for the qualifying year or any subsequent tax year, where the individual has made a foreign employment election, and (b) which entitles the individual to relief in that year calculated by reference to employment income that is in respect of the qualifying year. (5) Sections 41Q (amount of relief available) and 41R (limit on relief) set out how to determine the amount of relief to which the individual is entitled. (6) See also— (a) sections 845C to 845E of ITTOIA 2005, which set out some income tax consequences of a foreign employment election, and (b) section 1K of TCGA 1992, which provides for the loss of the individual’s annual exempt amount for capital gains tax where a foreign employment election is made. (7) A foreign employment election must be made in a return. (8) A foreign employment election for the qualifying year must be made before the end of the period of 12 months beginning with 31 January after the end of the qualifying year. (9) A foreign employment election may not be made as a consequential claim (within the meaning of section 43C(5) of TMA 1970) if the circumstances which give rise to the consequential claim result from a loss of tax brought about carelessly or deliberately by the individual or a person acting on the individual’s behalf. (10) For the purposes of this Chapter— (a) “return” means a return under section 8 of TMA 1970 (personal return), (b) references to a claim or election being included in a return include a claim or election being so included as a result of an amendment of the return, and (c) subsections (5) to (7) of section 118 of TMA 1970 (loss of tax brought about carelessly or deliberately) apply as they apply for the purposes of that Act.

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41N Key definitions

(1) This section sets out some definitions that apply for the purposes of this Chapter. (2) “Qualifying employment income” means— (a) qualifying general earnings, (b) qualifying third party income, and (c) qualifying securities income. (3) “Qualifying foreign employment income” means— (a) qualifying foreign general earnings, (b) qualifying foreign third party income, and (c) qualifying foreign securities income. (4) Section 41T defines what it means— (a) for general earnings to be “qualifying general earnings”, and (b) for qualifying general earnings to be “qualifying foreign general earnings”. (5) Section 41U defines what it means— (a) for third party income to be “qualifying third party income”, and (b) for qualifying third party income to be “qualifying foreign third party income”. (6) Section 41V defines what it means— (a) for securities income to be “qualifying securities income”, and (b) for qualifying securities income to be “qualifying foreign securities income”.

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41P Claim for relief for qualifying new residents

(1) Where an individual has made a foreign employment election, the individual may make a claim for relief for the qualifying year or any subsequent tax year (“a foreign employment relief claim”). (2) Where an individual makes a foreign employment relief claim for a tax year, the individual is entitled to relief that is equal to so much of the net taxable employment income for that year as— (a) reflects qualifying foreign employment income (see section 41Q), and (b) is identified as such in the claim. (3) But subsection (2) only applies to the extent the total amount of the relief given does not exceed the limit (see section 41R). (4) The relief is given by deducting the amount of the relief in calculating the individual's net income for the tax year for which the claim is made (see Step 2 of the calculation in section 23 of ITA 2007). (4A) But a deduction for that purpose is to be made only from qualifying foreign employment income. (5) A foreign employment relief claim must be made in a return. (6) A foreign employment relief claim for a tax year must be made before the end of the period of 12 months beginning with 31 January after the end of that tax year. (7) A foreign employment relief claim may not be made as a consequential claim (within the meaning of section 43C(5) of TMA 1970) if the circumstances which give rise to the consequential claim result from a loss of tax brought about carelessly or deliberately by the individual or a person acting on the individual’s behalf. (8) For the purposes of this Chapter “net taxable employment income”, in relation to a tax year, means the employment income on which the individual is charged to tax for the tax year (see section 9(1)).

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41Q Amount of relief available

(1) For the purposes of section 41P(2), the amount of net taxable employment income for a tax year that “reflects” qualifying foreign employment income is the total of— (a) the total of the amount of the net taxable earnings from each employment in the tax year that reflects qualifying foreign general earnings (see subsections (2) to (5)), and (b) the total of the amount of the net taxable specific income from each employment for the tax year that reflects qualifying foreign third party income or qualifying foreign securities income (see subsection (6)). (2) The amount of the net taxable earnings from an employment in a tax year that “reflects” qualifying foreign general earnings is— (a) the amount of the taxable earnings from the employment in the tax year that are qualifying foreign general earnings, minus (b) the amount of the qualifying deductions. (3) If the amount calculated under subsection (2) is nil or a negative amount, then none of the net taxable earnings from the employment in the tax year reflect qualifying foreign general earnings. (4) If the foreign employment relief claim is for the qualifying year, the amount of the qualifying deductions is the proportion of the total deductions that is the same as the proportion of the claim year taxable earnings that are qualifying foreign general earnings. (5) If the foreign employment relief claim is for a subsequent tax year, the amount of the qualifying deductions is the amount resulting from the following steps— Step 1 Deduct the claim year taxable earnings from the total deductions. If the result is nil or a negative amount, there are no qualifying deductions. Step 2 Deduct any other taxable earnings that are not qualifying foreign general earnings. If the result is nil or a negative amount, there are no qualifying deductions. (6) The proportion of the net taxable specific income from an employment for a tax year that “reflects” qualifying foreign third party income or qualifying foreign securities income is the same as the proportion of the taxable specific income for the employment in that year that is qualifying foreign third party income or qualifying foreign securities income. (7) In this section— “claim year taxable earnings” means the taxable earnings from the employment in the tax year that are “for” the year for which the claim is made determined in accordance with section 16 and 17; “total deductions” means the total amount of any deductions allowed from the taxable earnings from the employment in the tax year under provisions listed in section 327(3) to (5) (see section 11(1)).

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41R Limit on relief

(1) This section sets out how to determine the limit on the amount of relief the individual is entitled to when making a foreign employment relief claim for a year for the purposes of section 41P(3). (2) The limit is the lesser of— (a) 30% of the relevant qualifying employment income, and (b) £300,000. (3) For the purposes of this section “relevant qualifying employment income” means— (a) so much of the net taxable employment income for the tax year for which the claim is made as reflects qualifying employment income, and (b) if the foreign employment relief claim is for a tax year that is subsequent to the qualifying year, so much of any net taxable employment income for any earlier tax year (but not any tax year before the qualifying year) as would reflect qualifying employment income if that earlier year was the year for which the claim was made. (4) If the foreign employment relief claim is for a tax year that is subsequent to the qualifying year, the limit is reduced by the total of any amounts reflecting qualifying foreign employment income that have previously been relieved under section 41P. (5) To determine the amounts mentioned in subsection (3)(a) and (b), apply section 41Q, but as if— (a) the references in that section to qualifying foreign employment income were to qualifying employment income, (b) the references in that section to qualifying foreign general earnings were to qualifying general earnings, and (c) the references in that section to qualifying foreign third party income and qualifying foreign securities income were references to qualifying third party income and qualifying securities income.

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41S Effect of claim on relief for contributions to registered pension schemes

(1) This section applies where an individual who is an active member of a registered pension scheme for the purposes of section 188 of FA 2004 (relief for contributions) makes a foreign employment relief claim for a tax year. (2) For the purposes of sections 189(1)(a) and 190 of that Act, references to the amount of the individual’s relevant UK earnings chargeable to income tax for that year are to be read as references to that amount minus the relieved amount. (3) The “relieved amount” is the amount of the relief to which the individual is entitled under section 41P(2) of this Act as a result of making the foreign employment relief claim.

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41T Foreign employment relief ignored for purposes of determining adjusted net income

(1) Subsection (2) applies for the purpose of determining the adjusted net income under section 58 of ITA 2007 of an individual for a tax year for which the individual is entitled to relief under section 41P. (2) The adjusted net income is to be determined as if the relief had not been deducted in calculating the individual’s net income for the tax year.

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41U Qualifying foreign general earnings

(1) General earnings are “qualifying general earnings” if they are— (a) “for” the qualifying year determined in accordance with sections 16 and 17, (b) if the qualifying year is a split year as respects the individual, attributable to the UK part of the year, and (c) from an employment the duties of which are performed wholly or partly outside the UK during the qualifying year. (2) Any attribution required for the purposes of subsection (1)(b) is to be done on a just and reasonable basis. (3) Qualifying general earnings are “qualifying foreign general earnings” if they are neither— (a) in respect of duties performed in the United Kingdom, nor (b) from overseas Crown employment subject to United Kingdom tax (see section 41W). (4) For the purposes of subsection (3), the extent to which qualifying general earnings are in respect of duties performed in the United Kingdom is to be determined on a just and reasonable basis.

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41V Qualifying foreign third party income

(1) For the purposes of this Chapter, “third party income” is an amount that counts under Chapter 2 of Part 7A (treatment of relevant step for income tax purposes) as employment income in respect of an employment. (2) Third party income is “qualifying third party income”— (a) if it is in respect of an employment the duties of which are performed wholly or partly outside the UK during the qualifying year, and (b) to the extent that the value of the relevant step that counts as employment income (see section 554Z3) is— (i) “for” the qualifying year determined in accordance with section 554Z4(2), and (ii) if the qualifying year is a split year as respects the individual, attributable to the UK part of the year. (3) Any attribution required for the purposes of subsection (2)(b)(ii) is to be done on a just and reasonable basis. (4) Qualifying third party income is “qualifying foreign third party income” to the extent that it is not in respect of duties performed in the United Kingdom. (5) The extent to which qualifying third party income is not in respect of duties performed in the United Kingdom is to be determined on a just and reasonable basis.

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41W Qualifying foreign securities income

(1) For the purpose of this Chapter, “securities income” is an amount that counts under Chapters 2 to 5 of Part 7 (employment-related securities etc) as employment income in respect of an employment (the “relevant employment”). (2) Securities income is “qualifying securities income”— (a) if the duties of the relevant employment are performed wholly or partly outside the UK during the qualifying year, and (b) to the extent that it— (i) accrues during the qualifying year, or (ii) if the qualifying year is a split year as respects the individual, accrues during the UK part of the year. (3) To determine when securities income accrues treat an equal amount of the securities income as accruing on each day of the relevant period determined in accordance with section 41G. (4) But if the proportion of the securities income that would be regarded as qualifying securities income by virtue of subsection (3) is not, having regard to all the circumstances, just and reasonable, the amount of the securities income that is qualifying securities income is such amount as is just and reasonable. (5) Qualifying securities income is wholly “qualifying foreign securities income” if the duties of the relevant employment are performed wholly outside the United Kingdom. (6) If some, but not all, of the duties of the relevant employment are performed outside the United Kingdom— (a) the qualifying securities income is to be apportioned (on a just and reasonable basis) between duties performed in the United Kingdom and duties performed outside the United Kingdom, and (b) the income apportioned in respect of duties performed outside the United Kingdom is qualifying foreign securities income. (7) But qualifying securities income from overseas Crown employment subject to United Kingdom tax is not qualifying foreign securities income.

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41X Meaning of “overseas Crown employment subject to UK tax”

(1) This section explains what is meant by — (a) qualifying general earnings “from overseas Crown employment subject to United Kingdom tax” for the purposes of section 41T(3)(b), and (b) qualifying securities income “from overseas Crown employment subject to United Kingdom tax” for the purposes of section 41V(7). (2) Qualifying general earnings and qualifying securities income are “from overseas Crown employment” if the earnings or income is from Crown employment (within the meaning of section 28(2)) in respect of duties performed outside the United Kingdom. (3) Such earnings or income are to be taken as being “subject to United Kingdom tax” unless they fall within any exception contained in an order made under section 28(5) for the purposes of section 27(2). (4) An order made under section 28(5) may also— (a) provide for any exceptions mentioned in subsection (3) to not apply for the purposes of this section, and (b) make exceptions for the purposes of this section. (5) For the purposes of this section, if securities income is partly from overseas Crown employment subject to United Kingdom tax, a just and reasonable proportion of the securities income is to be taken to be from such employment.

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41Y Location of employment duties

(1) Section 38 (period of absence from employment) and section 38A (earnings in respect of duties not performed) apply for the purposes of this Chapter as if references to general earnings were to general earnings or third party income. (2) Section 40(1) and (2) (place of performance of duties on board vessel or aircraft) applies for the purposes of this Chapter. (3) Duties of an employment performed in the UK sector of the continental shelf in connection with exploration of exploitation activities are to be treated for the purposes of this Chapter as being performed in the United Kingdom. (4) In subsection (3) “the UK sector of the continental shelf” and “exploration or exploitation activities” have the same meaning as in section 41 (treatment of general earnings from employment in the UK sector of the continental shelf).

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41Z Artificial arrangements to be disregarded

(1) Any arrangements falling within subsection (2) are to be disregarded for the purposes of determining the extent to which— (a) general earnings are qualifying general earnings; (b) third party income is qualifying third party income; (c) securities income is qualifying securities income; (2) Arrangements fall within this subsection if the main purpose, or one of the main purposes of the arrangements is to enable an individual to obtain— (a) relief under this Chapter to which they would not otherwise be entitled, or (b) relief under this Chapter of a greater amount than that to which they would otherwise be entitled. (3) In this section “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).

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41Z1 Limit on qualifying foreign employment income from associated employments

(1) This section applies if— (a) the individual has associated employments from or in respect of which there is qualifying employment income, and (b) the duties of the associated employments are not performed wholly outside the United Kingdom. (2) There is a limit on how much of the qualifying employment income from or in respect of the associated employments is qualifying foreign employment income. (3) The limit is the proportion of the qualifying employment income that is reasonable having regard to— (a) the nature of, and time devoted to, the duties performed outside the United Kingdom, and those performed in the United Kingdom, and (b) all other relevant circumstances. (4) In this section “associated employments” means employments with the same employer or with associated employers; and section 24(5) and (6) applies for the purposes of this section.

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43 Appeal against Commissioners' decision on domicile or ordinary residence

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44 Treatment of workers supplied by agencies

(1) This section applies if— (a) an individual (“the worker”) personally provides services (which are not excluded services) to another person (“the client”), (b) there is a contract between— (i) the client or a person connected with the client, and (ii) a person other than the worker, the client or a person connected with the client (“the agency”), and (c) under or in consequence of that contract— (i) the services are provided, or (ii) the client or any person connected with the client pays, or otherwise provides consideration, for the services. (2) But this section does not apply if— (a) it is shown that the manner in which the worker provides the services is not subject to (or to the right of) supervision, direction or control by any person, or (b) remuneration receivable by the worker in consequence of providing the services constitutes employment income of the worker apart from this Chapter. (3) If this section applies— (a) the worker is to be treated for income tax purposes as holding an employment with the agency, the duties of which consist of the services the worker provides to the client, and (b) all remuneration receivable by the worker (from any person) in consequence of providing the services is to be treated for income tax purposes as earnings from that employment, but this is subject to subsections (4) to (6). (4) Subsection (5) applies if (whether before or after the worker begins to provide the services)— (a) the client provides the agency with a fraudulent document which is intended to constitute evidence that, by virtue of subsection (2)(a), this section does not or will not apply, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In relation to services the worker provides to the client after the fraudulent document is provided— (a) subsection (3) does not apply, (b) the worker is to be treated for income tax purposes as holding an employment with the client ..., the duties of which consist of the services, and (c) all remuneration receivable by the worker (from any person) in consequence of providing the services is to be treated for income tax purposes as earnings from that employment. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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45 Arrangements with agencies

If— (a) an individual (“the worker”), with a view to personally providing services (which are not excluded services) to another person (“the client”), enters into arrangements with a third person ..., and (b) the arrangements are such that the services (if and when they are provided) will be treated for income tax purposes under section 44 as duties of an employment held by the worker ..., any remuneration receivable under or in consequence of the arrangements is to be treated for income tax purposes as earnings from that employment.

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46 Cases involving unincorporated bodies etc.

(1) Section 44 also applies— (a) if the worker personally provides... the services in question as a partner in a firm or a member of an unincorporated body; (b) if the agency in question is an unincorporated body of which the worker is a member. (2) In a case within subsection (1)(a), remuneration receivable in consequence of the worker providing the services is to be treated for income tax purposes as income of the worker and not as income of the firm or body.

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46A Anti-avoidance

(1) This section applies if— (a) an individual (“W”) personally provides services (which are not excluded services) to another person (“C”), (b) a third person (“A”) enters into arrangements the main purpose, or one of the main purposes, of which is to secure that the services are not treated for income tax purposes under section 44 as duties of an employment held by W with A, and (c) but for this section, section 44 would not apply in relation to the services. (2) In subsection (1)(b) “arrangements” includes any scheme, transaction or series of transactions, agreement or understanding, whether or not legally enforceable, and any associated operations. (3) Subject to subsection (2) of section 44, that section applies in relation to the services. (4) For the purposes of subsection (3)— (a) W is to be treated as being the worker, (b) C is to be treated as being the client, (c) A is to be treated as being the agency, and (d) section 44 has effect as if subsections (4) to (6) of that section were omitted.

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47 Interpretation of this Chapter

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In this Chapter “excluded services” means— (a) services as an actor, singer, musician or other entertainer or as a fashion, photographic or artist’s model, or (b) services provided wholly— (i) in the worker’s own home, or (ii) at other premises which are neither controlled or managed by the client nor prescribed by the nature of the services. (3) For the purposes of this Chapter “remuneration”— (a) does not include anything that would not have constituted employment income of the worker if it had been receivable in connection with an employment apart from this Chapter, but (b) subject to paragraph (a), includes every form of payment, gratuity, profit and benefit.

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48 Scope of this Chapter

(1) This Chapter has effect with respect to the provision of services through an intermediary in a case where the services are provided to a person who is not a public authority and who either— (a) qualifies as small for a tax year, or (b) does not have a UK connection for a tax year. (2) Nothing in this Chapter— (a) affects the operation of Chapter 7 of this Part, (aa) applies to services provided by a managed service company (within the meaning of Chapter 9 of this Part), or (b) applies to payments or transfers to which section 966(3) or (4) of ITA 2007 applies (visiting performers: duty to deduct and account for sums representing income tax) . (3) In this Chapter “public authority” has the same meaning as in Chapter 10 of this Part (see section 61L). (4) For provisions determining when a person qualifies as small for a tax year, see sections 60A to 60G. (5) For provision determining when a person has a UK connection for a tax year, see section 60I.

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49 Engagements to which this Chapter applies

(1) This Chapter applies where— (a) an individual (“the worker”) personally performs, or is under an obligation personally to perform, services for another person (“the client”), (aa) the client is not a public authority, (b) the services are provided not under a contract directly between the client and the worker but under arrangements involving a third party (“the intermediary”), and (c) the circumstances are such that— (i) if the services were provided under a contract directly between the client and the worker, the worker would be regarded for income tax purposes as an employee of the client or the holder of an office under the client, or (ii) the worker is an office-holder who holds that office under the client and the services relate to the office. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The reference in subsection (1)(b) to a “third party” includes a partnership or unincorporated body of which the worker is a member. (4) The circumstances referred to in subsection (1)(c) include the terms on which the services are provided, having regard to the terms of the contracts forming part of the arrangements under which the services are provided. (4A) Holding office as statutory auditor of the client does not count as holding office under the client for the purposes of subsection (1)(c), and here “statutory auditor” means a statutory auditor within the meaning of Part 42 of the Companies Act 2006 (see section 1210 of that Act). (5) In this Chapter “engagement to which this Chapter applies” means any such provision of services as is mentioned in subsection (1).

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50 Worker treated as receiving earnings from employment

(1) If, in the case of an engagement to which this Chapter applies, in any tax year— (za) the client qualifies as small or does not have a UK connection, (a) the conditions specified in section 51, 52 or 53 are met in relation to the intermediary, and (b) the worker, or an associate of the worker— (i) receives from the intermediary, directly or indirectly, a payment or benefit that is not employment income, or (ii) has rights which entitle, or which in any circumstances would entitle, the worker or associate to receive from the intermediary, directly or indirectly, any such payment or benefit, the intermediary is treated as making to the worker, and the worker is treated as receiving, in that year a payment which is to be treated as earnings from an employment (“the deemed employment payment”). (2) A single payment is treated as made in respect of all engagements in relation to which the intermediary is treated as making a payment to the worker in the tax year. (3) The deemed employment payment is treated as made at the end of the tax year, unless section 57 applies (earlier date of deemed payment in certain cases). (4) In this Chapter “the relevant engagements”, in relation to a deemed employment payment, means the engagements mentioned in subsection (2). (5) The condition in paragraph (za) of subsection (1) is to be ignored if— (a) the client concerned is an individual, and (b) the services concerned are performed otherwise than for the purposes of the client's business. (6) For the purposes of paragraph (za) of subsection (1) the client is to be treated as not qualifying as small for the tax year concerned if the client is treated as medium or large for that tax year by reason of section 61TA(3)(a).

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51 Conditions of liability where intermediary is a company

(1) Where the intermediary is a company the conditions are that the intermediary is not an associated company of the client that falls within subsection (2) and either— (a) the worker has a material interest in the intermediary, or (b) the payment or benefit mentioned in section 50(1)(b)— (i) is received or receivable by the worker directly from the intermediary, and (ii) can reasonably be taken to represent remuneration for services provided by the worker to the client. (2) An associated company of the client falls within this subsection if it is such a company by reason of the intermediary and the client being under the control— (a) of the worker, or (b) of the worker and other persons. (3) A worker is treated as having a material interest in a company if— (a) the worker, alone or with one or more associates of the worker, or (b) an associate of the worker, with or without other such associates, has a material interest in the company. (4) For this purpose a material interest means— (a) beneficial ownership of, or the ability to control, directly or through the medium of other companies or by any other indirect means, more than 5% of the ordinary share capital of the company; or (b) possession of, or entitlement to acquire, rights entitling the holder to receive more than 5% of any distributions that may be made by the company; or (c) where the company is a close company, possession of, or entitlement to acquire, rights that would in the event of the winding up of the company, or in any other circumstances, entitle the holder to receive more than 5% of the assets that would then be available for distribution among the participators. (5) In subsection (4)(c) “participator” has the meaning given by section 454 of CTA 2010.

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52 Conditions of liability where intermediary is a partnership

(1) Where the intermediary is a partnership the conditions are as follows. (2) In relation to any payment or benefit received or receivable by the worker as a member of the partnership the conditions are— (a) that the worker, alone or with one or more relatives, is entitled to 60% or more of the profits of the partnership; or (b) that most of the profits of the partnership concerned derive from the provision of services under engagements to which one or other of this Chapter and Chapter 10 applies— (i) to a single client, or (ii) to a single client together with associates of that client; or (c) that under the profit sharing arrangements the income of any of the partners is based on the amount of income generated by that partner by the provision of services under engagements to which one or other of this Chapter and Chapter 10 applies. In paragraph (a) “relative” means spouse or civil partner , parent or child or remoter relation in the direct line, or brother or sister. (3) In relation to any payment or benefit received or receivable by the worker otherwise than as a member of the partnership, the conditions are that the payment or benefit— (a) is received or receivable by the worker directly from the intermediary, and (b) can reasonably be taken to represent remuneration for services provided by the worker to the client.

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53 Conditions of liability where intermediary is an individual

Where the intermediary is an individual the conditions are that the payment or benefit— (a) is received or receivable by the worker directly from the intermediary, and (b) can reasonably be taken to represent remuneration for services provided by the worker to the client.

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54 Calculation of deemed employment payment

(1) The amount of the deemed employment payment for a tax year (“the year”) is the amount resulting from the following steps— Step 1 Find (applying section 55) the total amount of all payments and benefits received by the intermediary in the year in respect of the relevant engagements, and reduce that amount by 5%. Step 2 Add (applying that section) the amount of any payments and benefits received by the worker in the year in respect of the relevant engagements, otherwise than from the intermediary, that— (a) are not chargeable to income tax as employment income, and (b) would be so chargeable if the worker were employed by the client. Step 3 Deduct (applying Chapters 1 to 5 of Part 5) the amount of any expenses met in the year by the intermediary that would have been deductible from the taxable earnings from the employment if— (a) the worker had been employed by the client, and (b) the expenses had been met by the worker out of those earnings. If the result at this or any later point is nil or a negative amount, there is no deemed employment payment. Step 4 Deduct the amount of any capital allowances in respect of expenditure incurred by the intermediary that could have been deducted from employment income under section 262 of CAA 2001 (employments and offices) if the worker had been employed by the client and had incurred the expenditure. Step 5 Deduct any contributions made in the year for the benefit of the worker by the intermediary to a registered pension scheme that if made by an employer for the benefit of an employee would not be chargeable to income tax as income of the employee. This does not apply to excess contributions made and later repaid. Step 6 Deduct the amount of any employer’s national insurance contributions paid by the intermediary for the year in respect of the worker. Step 7 Deduct the amount of any payments and benefits received in the year by the worker from the intermediary— (a) in respect of which the worker is chargeable to income tax as employment income, and (b) which do not represent items in respect of which a deduction was made under step 3. Step 8 Assume that the result of step 7 represents an amount together with employer’s national insurance contributions on it, and deduct what (on that assumption) would be the amount of those contributions. The result is the deemed employment payment. (1A) For the purposes of step 1 of subsection (1), any payment or benefit which is employment income of the worker by virtue of section 863G(4) of ITTOIA 2005 (salaried members of limited liability partnerships: anti-avoidance) is to be ignored. (2) If section 61 of the Finance Act 2004 applies (sub-contractors in the construction industry: payments to be made under deduction), the intermediary is treated for the purposes of step 1 of subsection (1) as receiving the amount that would have been received had no deduction been made under that section. (3) In step 3 of subsection (1), the reference to expenses met by the intermediary includes— (a) expenses met by the worker and reimbursed by the intermediary, and (b) where the intermediary is a partnership and the worker is a member of the partnership, expenses met by the worker for and on behalf of the partnership. (4) In step 3 of subsection (1), the expenses deductible include the amount of any mileage allowance relief for the year which the worker would have been entitled to in respect of the use of a vehicle falling within subsection (5) if— (a) the worker had been employed by the client, and (b) the vehicle had not been a company vehicle (within the meaning of Chapter 2 of Part 4). (5) A vehicle falls within this subsection if— (a) it is provided by the intermediary for the worker, or (b) where the intermediary is a partnership and the worker is a member of the partnership, it is provided by the worker for the purposes of the business of the partnership. (6) Where, on the assumptions mentioned in paragraphs (a) and (b) of step 3 of subsection (1), the deductibility of the expenses is determined under sections 337 to 342 (travel expenses), the duties performed under the relevant engagements are treated as duties of a continuous employment with the intermediary. (7) In step 7 of subsection (1), the amounts deductible include any payments received in the year from the intermediary that— (a) are exempt from income tax by virtue of section 229 or 233 (mileage allowance payments and passenger payments), and (b) do not represent items in respect of which a deduction was made under step 3. (8) For the purposes of subsection (1) any necessary apportionment is to be made on a just and reasonable basis of amounts received by the intermediary that are referable— (a) to the services of more than one worker, or (b) partly to the services of the worker and partly to other matters.

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55 Application of rules relating to earnings from employment

(1) The following provisions apply in relation to the calculation of the deemed employment payment. (2) A “payment or benefit” means anything that, if received by an employee for performing the duties of an employment, would be earnings from the employment. (3) The amount of a payment or benefit is taken to be— (a) in the case of a payment or cash benefit, the amount received, and (b) in the case of a non-cash benefit, the cash equivalent of the benefit. (4) The cash equivalent of a non-cash benefit is taken to be— (a) the amount that would be earnings if the benefit were earnings from an employment, or (b) in the case of living accommodation, whichever is the greater of that amount and the cash equivalent determined in accordance with section 398(2). (5) A payment or benefit is treated as received— (a) in the case of a payment or cash benefit, when payment is made of or on account of the payment or benefit; (b) in the case of a non-cash benefit that is calculated by reference to a period within the tax year, at the end of that period; (c) in the case of a non-cash benefit that is not so calculated, when it would have been treated as received for the purposes of Chapter 4 or 5 of this Part (see section 19 or 32) if— (i) the worker had been an employee, and (ii) the benefit had been provided by reason of the employment.

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