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Income Tax (Earnings and Pensions) Act 2003 (c. 1)
(The document as of February, 2008)
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Income Tax (Earnings and Pensions) Act 2003
2003 CHAPTER 1
CONTENTS
Content
Part 1
Overview 1. Overview of contents of this Act 2. Abbreviations and general index in Schedule 1
Part 2
Employment income: charge to tax Chapter 1
Introduction 3. Structure of employment income Parts 4. "Employment" for the purposes of the employment income Parts 5. Application to offices and office-holders
Chapter 2
Tax on employment income 6. Nature of charge to tax on employment income 7. Meaning of "employment income", "general earnings" and "specific employment income" 8. Meaning of "exempt income"
Chapter 3
Operation of tax charge 9. Amount of employment income charged to tax 10. Meaning of "taxable earnings" and "taxable specific income" 11. Calculation of "net taxable earnings" 12. Calculation of "net taxable specific income" 13. Person liable for tax
Chapter 4
Taxable earnings: rules applying to employee resident, ordinarily resident and domiciled in UK Taxable earnings 14. Taxable earnings under this Chapter: introduction
Employees resident, ordinarily resident and domiciled in UK 15. Earnings for year when employee resident, ordinarily resident and domiciled in UK
Year for which general earnings are earned 16. Meaning of earnings "for" a tax year 17. Treatment of earnings for year in which employment not held
When general earnings are received 18. Receipt of money earnings 19. Receipt of non-money earnings
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Chapter 5
Taxable earnings: rules applying to employee resident, ordinarily resident or domiciled outside UK Taxable earnings 20. Taxable earnings under this Chapter: introduction
Employees resident and ordinarily resident in UK 21. Earnings for year when employee resident and ordinarily resident, but not domiciled, in UK, except chargeable overseas earnings 22. Chargeable overseas earnings for year when employee resident and ordinarily resident, but not domiciled, in UK 23. Calculation of "chargeable overseas earnings" 24. Limit on chargeable overseas earnings where duties of associated employment performed in UK
Employees resident but not ordinarily resident in UK 25. UK-based earnings for year when employee resident, but not ordinarily resident, in UK 26. Foreign earnings for year when employee resident, but not ordinarily resident, in UK
Employees not resident in UK 27. UK-based earnings for year when employee not resident in UK
Special class of earnings for purposes of sections 25 to 27 28. Meaning of "general earnings from overseas Crown employment subject to UK tax"
Year for which general earnings are earned 29. Meaning of earnings "for" a tax year 30. Treatment of earnings for year in which employment not held
When general earnings are received or remitted 31. Receipt of money earnings 32. Receipt of non-money earnings 33. Earnings remitted to UK 34. Earnings remitted to UK: further provisions about UK-linked debts
Relief for delayed remittances 35. Relief for delayed remittances 36. Election in respect of delayed remittances 37. Claims for relief on delayed remittances
Place of performance of duties of employment 38. Earnings for period of absence from employment 39. Duties in UK merely incidental to duties outside UK 40. Duties on board vessel or aircraft 41. Employment in UK sector of continental
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Chapter 6
Disputes as to domicile or ordinary residence 42. Board to determine dispute as to domicile or ordinary residence 43. Appeal against Board's decision on domicile or ordinary residence
Chapter 7
Application of provisions to agency workers Agency workers 44. Treatment of workers supplied by agencies 45. Arrangements with agencies 46. Cases involving unincorporated bodies etc.
Supplementary 47. Interpretation of this Chapter
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Chapter 8
Application of provisions to workers under arrangements made by intermediaries Application of this Chapter 48. Scope of this Chapter 49. Engagements to which this Chapter applies 50. Worker treated as receiving earnings from employment 51. Conditions of liability where intermediary is a company 52. Conditions of liability where intermediary is a partnership 53. Conditions of liability where intermediary is an individual
The deemed employment payment 54. Calculation of deemed employment payment 55. Application of rules relating to earnings from employment 56. Application of Income Tax Acts in relation to deemed employment
Supplementary provisions 57. Earlier date of deemed employment payment in certain cases 58. Relief in case of distributions by intermediary 59. Provisions applicable to multiple intermediaries 60. Meaning of "associate" 61. Interpretation
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Part 3
Employment income: earnings and benefits etc. treated as earnings Chapter 1
Earnings 62. Earnings
Chapter 2
Taxable benefits: the benefits code The benefits code 63. The benefits code 64. Relationship between earnings and benefits code 65. Dispensations relating to benefits within provisions not applicable to lower-paid employment
General definitions for benefits code 66. Meaning of "employment" and related expressions 67. Meaning of "director" and "full-time working director" 68. Meaning of "material interest" in a company 69. Extended meaning of "control"
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Chapter 3
Taxable benefits: expenses payments 70. Sums in respect of expenses 71. Meaning of paid or put at disposal by reason of the employment 72. Sums in respect of expenses treated as earnings
Chapter 4
Taxable benefits: vouchers and credit-tokens Cash vouchers: introduction 73. Cash vouchers to which this Chapter applies 74. Provision for, or receipt by, member of employee's family
Meaning of "cash voucher" 75. Meaning of "cash voucher" 76. Sickness benefits-related voucher 77. Apportionment of cost of provision of voucher
Cash vouchers: exceptions 78. Voucher made available to public generally 79. Voucher issued under approved scheme 80. Vouchers where payment of sums exempt from tax
Benefit of cash voucher treated as earnings 81. Benefit of cash voucher treated as earnings
Non-cash vouchers: introduction 82. Non-cash vouchers to which this Chapter applies 83. Provision for, or receipt by, member of employee's family
Meaning of "non-cash voucher" 84. Meaning of "non-cash voucher"
Non-cash voucher: exceptions 85. Non-cash voucher made available to public generally 86. Transport vouchers under pre-26th March 1982 arrangements
Benefit of non-cash voucher treated as earnings 87. Benefit of non-cash voucher treated as earnings 88. Year in which earnings treated as received 89. Reduction for meal vouchers
Credit-tokens: introduction 90. Credit-tokens to which this Chapter applies 91. Provision for, or use by, member of employee's family
Meaning of "credit-token" 92. Meaning of "credit-token"
Credit-tokens: exception 93. Credit-token made available to public generally
Benefit of credit-token treated as earnings 94. Benefit of credit-token treated as earnings
General supplementary provisions 95. Disregard for money, goods or services obtained 96. Dispensations relating to vouchers or credit-tokens
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Chapter 5
Taxable benefits: living accommodation Living accommodation 97. Living accommodation to which this Chapter applies
Exceptions 98. Accommodation provided by local authority 99. Accommodation provided for performance of duties 100. Accommodation provided as result of security threat 101. Chevening House
Benefit of living accommodation treated as earnings 102. Benefit of living accommodation treated as earnings
Calculation of cash equivalent 103. Method of calculating cash equivalent 104. General rule for calculating cost of providing accommodation
Accommodation costing £75,000 or less 105. Cash equivalent: cost of accommodation not over £75,000
Accommodation costing more than £75,000 106. Cash equivalent: cost of accommodation over £75,000 107. Special rule for calculating cost of providing accommodation
Apportionment of cash equivalent 108. Cash equivalent: accommodation provided for more than one employee
Other tax implications 109. Priority of this Chapter over Chapter 1 of this Part
Supplementary 110. Meaning of "annual value" 111. Disputes as to annual value 112. Meaning of "person involved in providing the accommodation" 113. Meaning of "the property"
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Chapter 6
Taxable benefits: cars, vans and related benefits General 114. Cars, vans and related benefits 115. Meaning of "car" and "van" 116. Meaning of when car or van is available to employee 117. Meaning of car or van made available by reason of employment 118. Availability for private use 119. Where alternative to benefit of car offered
Cars: benefit treated as earnings 120. Benefit of car treated as earnings 121. Method of calculating the cash equivalent of the benefit of a car
Cars: the price of a car 122. The price of the car 123. The list price of a car 124. The notional price of a car with no list price
Cars: treatment of accessories 125. Meaning of "accessory" and related terms 126. Amounts taken into account in respect of accessories 127. The list price of an accessory 128. Accessory: published price of the car manufacturer etc. 129. Accessory: published price of the accessory manufacturer etc. 130. The notional price of an accessory 131. Replacement accessories
Cars: capital contributions by employee 132. Capital contributions by employee
Cars: the appropriate percentage 133. How to determine the "appropriate percentage" 134. Meaning of car with or without a CO2 emissions figure
Cars: appropriate percentage: first registered on or after 1st January 1998 135. Car with a CO2 emissions figure: pre-October 1999 registration 136. Car with a CO2 emissions figure: post-September 1999 registration 137. Car with a CO2 emissions figure: bi-fuel cars 138. Car with a CO2 emissions figure: automatic car for a disabled employee 139. Car with a CO2 emissions figure: the appropriate percentage 140. Car without a CO2 emissions figure
years of age or more">147. Classic cars: 15 years of age or more
Cars: reduction where shared car 148. Reduction of cash equivalent where car is shared
Car fuel: benefit treated as earnings 149. Benefit of car fuel treated as earnings 150. Car fuel: calculating the cash equivalent 151. Car fuel: nil cash equivalent 152. Car fuel: proportionate reduction of cash equivalent 153. Car fuel: reduction of cash equivalent
Vans: benefit treated as earnings 154. Benefit of van treated as earnings 155. Method of calculating the cash equivalent of the benefit of a van 156. Meaning of "shared van"
Vans: value of exclusive availability 157. Value of exclusive availability 158. Deduction for periods of unavailability or shared use 159. Deduction for payments for private use
Vans: value of shared availability 160. Value of shared availability 161. Value of shared availability: normal calculation 162. Shared van: meaning of "participating employee" 163. Shared van: basic value 164. Value of shared availability: alternative calculation 165. Deduction for payments for private use
Vans: limit of cash equivalent 166. Vans: limit of cash equivalent
Cars and vans: exceptions 167. Pooled cars 168. Pooled vans 169. Car available to more than one member of family or household employed by same employer
Orders 170. Orders etc. relating to this Chapter
Supplementary 171. Minor definitions: general 172. Minor definitions: equipment to enable a disabled person to use a car
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Chapter 7
Taxable benefits: loans Introduction 173. Loans to which this Chapter applies 174. Employment-related loans
Benefit of taxable cheap loan treated as earnings 175. Benefit of taxable cheap loan treated as earnings 176. Exception for loans on ordinary commercial terms 177. Exceptions for loans at fixed rate of interest 178. Exception for loans where interest qualifies for tax relief 179. Exception for certain advances for necessary expenses 180. Threshold for benefit of loan to be treated as earnings
Calculation of amount of interest at official rate 181. The official rate of interest 182. Normal method of calculation: averaging 183. Alternative method of calculation
Supplementary provisions relating to taxable cheap loans 184. Interest treated as paid 185. Apportionment of cash equivalent in case of joint loan etc. 186. Replacement loans 187. Aggregation of loans by close company to director
Loan released or written off 188. Loan released or written off: amount treated as earnings 189. Exception where double charge
General supplementary provisions 190. Exclusion of charge after death of employee 191. Claim for relief to take account of event after assessment
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Chapter 8
Taxable benefits: notional loans in respect of acquisitions of shares Introduction 192. Application of this Chapter
Acquisition of shares for less than market value 193. Notional loan where acquisition for less than market value 194. The amount of the notional loan 195. Discharge of notional loan: amount treated as earnings
Supplementary provisions 196. Effects on other income tax charges 197. Minor definitions
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Chapter 9
Taxable benefits: disposals of shares for more than market value 198. Shares to which this Chapter applies 199. Disposal for more than market value: amount treated as earnings 200. Minor definitions
Chapter 10
Taxable benefits: residual liability to charge Introduction 201. Employment-related benefits 202. Excluded benefits
Cash equivalent of benefit treated as earnings 203. Cash equivalent of benefit treated as earnings
Determination of the cost of the benefit 204. Cost of the benefit: basic rule 205. Cost of the benefit: asset made available without transfer 206. Cost of the benefit: transfer of used or depreciated asset
Supplementary provisions 207. Meaning of "annual rental value" 208. Meaning of "market value" 209. Meaning of "persons providing benefit" 210. Power to exempt minor benefits
Special rules for scholarships 211. Special rules for scholarships: introduction 212. Scholarships provided under arrangements entered into by employer or connected person 213. Exception for certain scholarships under trusts or schemes 214. Scholarships: cost of the benefit 215. Limitation of exemption for scholarship income in section 331 of ICTA
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Chapter 11
Taxable benefits: exclusion of lower-paid employments from parts of benefits code Introduction 216. Provisions not applicable to lower-paid employments
What is lower-paid employment 217. Meaning of "lower-paid employment" 218. Calculation of earnings rate for a tax year 219. Extra amounts to be added in connection with a car
Treatment of related employments 220. Related employments
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Chapter 12
Payments treated as earnings 221. Payments where employee absent because of sickness or disability 222. Payments by employer on account of tax where deduction not possible 223. Payments on account of director's tax other than by the director 224. Payments to non-approved personal pension arrangements 225. Payments for restrictive undertakings 226. Valuable consideration given for restrictive undertakings
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Part 4
Employment income: exemptions Chapter 1
Exemptions: general 227. Scope of Part 4 228. Effect of exemptions on liability under provisions outside Part 2
Chapter 2
Exemptions: mileage allowances and passenger payments Mileage allowances 229. Mileage allowance payments 230. The approved amount for mileage allowance payments 231. Mileage allowance relief 232. Giving effect to mileage allowance relief
Passenger payments 233. Passenger payments 234. The approved amount for passenger payments
Supplementary 235. Vehicles to which this Chapter applies 236. Interpretation of this Chapter
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Chapter 3
Exemptions: other transport, travel and subsistence 237. Parking provision and expenses 238. Modest private use of heavy goods vehicles 239. Payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles 240. Incidental overnight expenses and benefits 241. Incidental overnight expenses and benefits: overall exemption limit 242. Works transport services 243. Support for public bus services 244. Cycles and cyclist's safety equipment 245. Travelling and subsistence during public transport strikes 246. Transport between work and home for disabled employees: general 247. Provision of cars for disabled employees 248. Transport home: late night working and failure of car-sharing arrangements 249. Interpretation of this Chapter
Chapter 4
Exemptions: education and training Work-related training 250. Exemption of work-related training provision 251. Meaning of "work-related training" 252. Exception for non-deductible travel expenses 253. Exception where provision for excluded purposes 254. Exception where unrelated assets are provided
Individual learning account training 255. Exemption for contributions to individual learning account training 256. Meaning of "individual learning account training" 257. Exception for non-deductible travel expenses 258. Exception where provision for excluded purposes 259. Exception where unrelated assets are provided 260. Exception where training not generally available to staff
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Chapter 5
Exemptions: recreational benefits Recreational facilities 261. Exemption of recreational benefits 262. Benefits not exempted by section 261 263. Power to alter benefits to which section 261 applies
Annual parties and functions 264. Annual parties and functions
Entertainment 265. Third party entertainment
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Chapter 6
Exemptions: non-cash vouchers and credit-tokens General exemptions: use for exempt benefits 266. Exemption of non-cash vouchers for exempt benefits 267. Exemption of credit-tokens used for exempt benefits
Exemptions for particular non-cash vouchers and credit-tokens 268. Exemption of vouchers and tokens for incidental overnight expenses 269. Exemption where benefits or money obtained in connection with taxable car or van or exempt heavy goods vehicle 270. Exemption for small gifts of vouchers and tokens from third parties
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Chapter 7
Exemptions: removal benefits and expenses Exemption of removal benefits and expenses: general 271. Limited exemption of removal benefits and expenses: general 272. Removal benefits and expenses to which section 271 applies 273. Conditions applicable to change of residence 274. Meaning of "the limitation day" 275. Meaning of "the employment change" 276. Meaning of "residence", "former residence" and "new residence" etc.
Benefits and expenses within this Chapter 277. Acquisition benefits and expenses 278. Abortive acquisition benefits and expenses 279. Disposal benefits and expenses 280. Transporting belongings 281. Travelling and subsistence 282. Exclusion from section 281 of benefits and expenses where deduction allowed 283. Exclusion from section 281 of taxable car and van facilities 284. Bridging loan expenses 285. Replacement of domestic goods 286. Power to amend sections 279 to 285
Limit on exemption 287. Limit on exemption
Special exemption and relief for bridging loans 288. Limited exemption of certain bridging loans connected with employment moves 289. Relief for certain bridging loans not qualifying for exemption under section 288
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Chapter 8
Exemptions: special kinds of employees Ministers of religion 290. Accommodation benefits of ministers of religion
MPs, government ministers etc. 291. Termination payments to MPs and others ceasing to hold office 292. Overnight expenses allowances of MPs 293. Overnight expenses of other elected representatives 294. EU travel expenses of MPs and other representatives 295. Transport and subsistence for Government ministers etc.
Armed forces 296. Armed forces' leave travel facilities 297. Armed forces' food, drink and mess allowances 298. Reserve and auxiliary forces' training allowances
Crown employees 299. Crown employees' foreign service allowances
Consuls, foreign agents etc. 300. Consuls 301. Official agents 302. Consular employees
Visiting forces and staff of designated allied headquarters 303. Visiting forces and staff of designated allied headquarters
Detached national experts 304. Experts seconded to European Commission
Offshore oil and gas workers 305. Offshore oil and gas workers: mainland transfers
Miners etc. 306. Miners etc: coal and allowances in lieu of coal
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Chapter 9
Exemptions: pension provision 307. Death or retirement benefit provision 308. Exemption of contributions to approved personal pension arrangements
Chapter 10
Exemptions: termination of employment Redundancy payments 309. Limited exemptions for statutory redundancy payments
Outplacement benefits 310. Counselling and other outplacement services 311. Retraining courses 312. Recovery of tax
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Chapter 11
Miscellaneous exemptions Living accommodation 313. Repairs and alterations to living accommodation 314. Council tax etc. paid for certain living accommodation 315. Limited exemption for expenses connected with certain living accommodation
Work accommodation, supplies etc. 316. Accommodation, supplies and services used in employment duties
Workplace meals 317. Subsidised meals
Childcare 318. Care for children
Telephones and computer equipment 319. Mobile telephones 320. Limited exemption for computer equipment
Awards and gifts 321. Suggestion awards 322. Suggestion awards: "the permitted maximum" 323. Long service awards 324. Small gifts from third parties
Overseas medical treatment 325. Overseas medical treatment
Expenses incidental to sale etc. of asset 326. Expenses incidental to transfer of a kind not normally met by transferor
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Part 5
Employment income: deductions allowed from earnings Chapter 1
Deductions allowed from earnings: general rules Introduction 327. Deductions from earnings: general
General rules 328. The income from which deductions may be made 329. Deductions from earnings not to exceed earnings 330. Prevention of double deductions 331. Order for making deductions 332. Meaning of "the deductibility provisions"
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Chapter 2
Deductions for employee's expenses Introduction 333. Scope of this Chapter: expenses paid by the employee 334. Effect of reimbursement etc. 335. Application of deductions provisions: "earnings charged on receipt" and "earnings charged on remittance"
General rule for deduction of employee's expenses 336. Deductions for expenses: the general rule
Travel expenses 337. Travel in performance of duties 338. Travel for necessary attendance 339. Meaning of "workplace" and "permanent workplace" 340. Travel between group employments 341. Travel at start or finish of overseas employment 342. Travel between employments where duties performed abroad
Fees and subscriptions 343. Deduction for professional membership fees 344. Deduction for annual subscriptions 345. Decisions of the Inland Revenue under section 344
Employee liabilities and indemnity insurance 346. Deduction for employee liabilities 347. Payments made after leaving the employment 348. Liabilities related to the employment 349. Meaning of "qualifying insurance contract" 350. Connected contracts
Expenses of ministers of religion 351. Expenses of ministers of religion
Agency fees paid by entertainers 352. Limited deduction for agency fees paid by entertainers
Special rules for earnings with a foreign element 353. Deductions from earnings charged on remittance 354. Disallowance of expenses relating to earnings taxed on different basis or untaxed 355. Deductions for corresponding payments by non-domiciled employees with foreign employers
Disallowance of business entertainment and gifts expenses 356. Disallowance of business entertainment and gifts expenses 357. Business entertainment and gifts: exception where employer's expenses disallowed
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Chapter 3
Deductions from benefits code earnings Introduction 361. Scope of this Chapter: cost of benefits deductible as if paid by employee
Deductions where amounts treated as earnings under the benefits code 362. Deductions where non-cash voucher provided 363. Deductions where credit-token provided 364. Deductions where living accommodation provided 365. Deductions where employment-related benefit provided
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Chapter 4
Fixed allowances for employee's expenses Introduction 366. Scope of this Chapter: amounts fixed by Treasury
Fixed sum deductions 367. Fixed sum deductions for repairing and maintaining work equipment 368. Fixed sum deductions from earnings payable out of public revenue
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Chapter 5
Deductions for earnings representing benefits or reimbursed expenses Introduction 369. Scope of this Chapter: earnings representing benefits or reimbursed expenses
Travel costs and expenses where duties performed abroad 370. Travel costs and expenses where duties performed abroad: employee's travel 371. Travel costs and expenses where duties performed abroad: visiting spouse's or child's travel 372. Where seafarers' duties are performed
Travel costs and expenses of non-domiciled employees where duties performed in UK 373. Non-domiciled employee's travel costs and expenses where duties performed in UK 374. Non-domiciled employee's spouse's or child's travel costs and expenses where duties performed in UK 375. Meaning of "qualifying arrival date"
Foreign accommodation and subsistence costs and expenses 376. Foreign accommodation and subsistence costs and expenses (overseas employments)
Personal security assets and services 377. Costs and expenses in respect of personal security assets and services
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Chapter 6
Deductions from seafarers' earnings 378. Deduction from seafarers' earnings: eligibility 379. Calculating the deduction 380. Limit on deduction where UK duties etc. make amount unreasonable 381. Taking account of other deductions 382. Duties on board ship 383. Place of performance of incidental duties 384. Meaning of employment "as a seafarer" 385. Meaning of "ship"
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Part 6
Employment income: income which is not earnings or share-related Chapter 1
Payments to non-approved pension schemes 386. Charge on payments to non-approved retirement benefits schemes 387. Meaning of "non-approved retirement benefits scheme" 388. Apportionment of payments in respect of more than one employee 389. Exception: employments where earnings charged on remittance 390. Exception: non-domiciled employees with foreign employers 391. Exception: seafarers with overseas earnings 392. Relief where no benefits are paid or payable
Chapter 2
Benefits from non-approved pension schemes Benefits treated as employment income 393. Application of this Chapter 394. Charge on benefit to which this Chapter applies 395. Application of sections 396 and 397: general rules 396. Certain lump sums not taxed by virtue of section 394 397. Certain lump sums: calculation of amount taxed by virtue of section 394
Valuation of benefits etc. 398. Valuation of benefits 399. Employment-related loans: interest treated as paid
Interpretation 400. Interpretation
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Chapter 3
Payments and benefits on termination of employment etc. Preliminary 401. Application of this Chapter 402. Meaning of "benefit"
Payments and benefits treated as employment income 403. Charge on payment or other benefit 404. How the £30,000 threshold applies
Exceptions and reductions 405. Exception for certain payments exempted when received as earnings 406. Exception for death or disability payments and benefits 407. Exception for payments and benefits under tax-exempt pension schemes 408. Exception for contributions to tax-exempt pension schemes 409. Exception for payments and benefits in respect of employee liabilities and indemnity insurance 410. Exception for payments and benefits in respect of employee liabilities and indemnity insurance: individual deceased 411. Exception for payments and benefits for forces 412. Exception for payments and benefits provided by foreign governments etc. 413. Exception in certain cases of foreign service 414. Reduction in other cases of foreign service
General and supplementary provisions 415. Valuation of benefits 416. Notional interest treated as paid if amount charged for beneficial loan
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Part 7
Employment income: share-related income and exemptions Chapter 1
Introduction 417. Scope of Part 7 418. Other provisions about share-related income and exemptions 419. Duties to provide information 420. Negative amounts treated as nil 421. Application of Part 7 to office-holders
Chapter 2
Conditional interests in shares Introduction 422. Application of this Chapter 423. Interests in shares acquired "as a director or employee" 424. Meaning of interest being "only conditional" 425. Cases where this Chapter does not apply
Tax exemption 426. No charge in respect of acquisition of employee's interest in certain circumstances
Tax charge 427. Charge on interest in shares ceasing to be only conditional or on disposal 428. Amount of charge
Supplementary provisions 429. Amount or value of consideration given for employee's interest 430. Amount or value of consideration given for right to acquire shares 431. Application of this Chapter where employee dies 432. Duty to notify provision of conditional interests in shares 433. Duty to notify events resulting in charges under section 427 434. Minor definitions
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Chapter 3
Convertible shares Introduction 435. Application of this Chapter 436. Shares acquired "as a director or employee" 437. Cases where this Chapter does not apply
Tax charge 438. Charge on conversion of shares 439. Amount of charge 440. Case outside charge under section 438: conversion of entire class 441. Case outside charge under section 438: acquisition of conditional interest
Supplementary provisions 442. Amount or value of consideration given for shares or conversion 443. Amount or value of consideration given for right to acquire shares 444. Conversion in consequence of employee's death 445. Duty to notify conversions of shares 446. Minor definitions
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Chapter 4
Post-acquisition benefits from shares Introduction 447. Application of this Chapter 448. Cases where this Chapter does not apply
Tax charge where restrictions or rights varied 449. Charge on occurrence of chargeable event 450. Chargeable events 451. Amount of charge 452. Cases outside charge under section 449
Tax charge on increase in value of shares of dependent subsidiaries 453. Charge on increase in value of shares of dependent subsidiary 454. Chargeable increases 455. Amount of charge 456. Cases outside charge under section 453
Tax charge on other benefits from shares 457. Charge on other chargeable benefits from shares 458. Chargeable benefits 459. Amount of charge 460. Cases outside charge under section 457
Supplementary provisions 461. Related acquisitions of additional shares 462. Company reorganisations etc. 463. Disposals of shares to connected persons etc. ignored 464. Application to interests in shares 465. Duty to notify acquisitions of shares or interests in shares 466. Duty to notify chargeable events and chargeable benefits
Interpretation 467. Meaning of "dependent subsidiary" 468. Meaning of "employee-controlled" 469. Shares "held by outside shareholders" 470. Minor definitions
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Chapter 5
Share options Introduction 471. Share options to which this Chapter applies 472. Introduction to taxation of share options 473. Share options to which this Chapter does not apply
Receipt of share option 474. No charge in respect of receipt of shorter-term option 475. Value of longer-term option for purposes of liability to tax in respect of receipt
Tax charge on exercise, assignment or release of share option 476. Charge on exercise, assignment or release of option by employee 477. Charge on employee where option exercised, assigned or released by another person 478. Amount of charges 479. Amount of gain realised by exercising option 480. Amount of gain realised by assigning or releasing option 481. Deductible amount in respect of secondary Class 1 contributions met by employee 482. Deductible amount in respect of special contribution met by employee
Supplementary provisions 483. Extended meaning of "assign" and "release" 484. Amount or value of consideration given for grant of share option 485. Application of this Chapter where share option exchanged for another 486. Duty to notify matters relating to share options 487. Minor definitions
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Chapter 6
Approved share incentive plans Introduction 488. Approved share incentive plans (SIPs)
Scope of tax advantages 489. Operation of tax advantages in connection with approved SIP
Tax advantages connected with award of shares 490. No charge on award or acquisition of shares: general 491. No charge on award of shares as taxable benefit 492. No charge on partnership share money deducted from salary 493. No charge on acquisition of dividend shares
Tax advantages connected with holding of shares 494. No charge on removal of restrictions applying to shares 495. No charge on increase in value of shares of dependent subsidiary 496. No charge on cash dividend retained for reinvestment
Tax advantages connected with shares ceasing to be subject to plan 497. Limitations on charges on shares ceasing to be subject to plan 498. No charge on shares ceasing to be subject to plan in certain circumstances
Tax advantages: supplementary 499. No charge in respect of incidental expenditure
Scope of tax charges 500. Operation of tax charges in connection with approved SIP
Charges connected with holding of shares 501. Charge on capital receipts in respect of plan shares 502. Meaning of "capital receipt" in section 501 503. Charge on partnership share money paid over to employee 504. Charge on cancellation payments in respect of partnership share agreement
Charges connected with shares ceasing to be subject to plan 505. Charge on free or matching shares ceasing to be subject to plan 506. Charge on partnership shares ceasing to be subject to plan 507. Charge on disposal of beneficial interest during holding period 508. Identification of shares ceasing to be subject to plan
PAYE 509. Modification of section 696 where charge on shares ceasing to be subject to pl
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Chapter 7
Approved SAYE option schemes Introduction 516. Approved SAYE option schemes 517. Share options to which this Chapter applies
Tax advantages 518. No charge in respect of receipt of option 519. No charge in respect of exercise of option 520. No charge in respect of post-acquisition benefits
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Chapter 8
Approved CSOP schemes Introduction 521. Approved CSOP schemes 522. Share options to which this Chapter applies
Tax advantages 523. No charge in respect of receipt of option 524. No charge in respect of exercise of option 525. No charge in respect of post-acquisition benefits
Tax charge 526. Charge where option granted at a discount
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Chapter 9
Enterprise management incentives Introduction 527. Enterprise management incentives: qualifying options
Tax advantages: receipt of option 528. No charge on receipt of qualifying option
Tax advantages: exercise of option 529. Scope of tax advantages: option must be exercised within 10 years 530. No charge on exercise of option to acquire shares at market value 531. Limitation of charge on exercise of option to acquire shares below market value
Tax advantages where disqualifying events 532. Modified tax consequences following disqualifying events 533. Disqualifying events 534. Disqualifying events relating to relevant company 535. Disqualifying events relating to employee 536. Other disqualifying events 537. Alterations of share capital for purposes of section 536 538. Share conversions excluded for purposes of section 536 539. CSOP and other options relevant for purposes of section 536
Tax advantages: taxable benefits 540. No charge on acquisition of shares as taxable benefit
Other income tax consequences 541. Effects on other income tax charges
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Chapter 10
Priority share allocations Exemption where offer made to both public and employees 542. Exemption: offer made to public and employees 543. Discount not covered by exemption in section 542
Exemption where different offers made to public and employees 544. Exemption: different offers made to public and employees 545. Discount not covered by exemption in section 544
Supplementary provisions 546. Meaning of being entitled "on similar terms" 547. Meaning and amount or value of "registrant discount" 548. Minor definitions
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Chapter 11
Supplementary provisions about employee benefit trusts Introduction 549. Application of this Chapter
Employee benefit trusts 550. Meaning of "employee benefit trust" 551. "Qualifying disposals" for purposes of section 550
Attribution of interests in company 552. Attribution of interest in company to beneficiary or associate 553. Meaning of "appropriate percentage" for purposes of section 552 554. Attribution of further interest in company
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Part 8
Former employees: deductions for liabilities Deductions from total income 555. Former employee entitled to deduction from total income 556. Deductible payments made outside the time limits allowed 557. Deductible payments wholly or partly borne by the former employer etc.
Interpretation 558. Meaning of "deductible payment" 559. Liabilities related to the former employment 560. Meaning of "qualifying insurance contract" 561. Connected contracts 562. Meaning of "former employee" and "employment" 563. Other interpretation 564. Application of this Part to office-holders
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Part 9
Pension income Chapter 1
Introduction 565. Structure of Part 9
Chapter 2
Tax on pension income 566. Nature of charge to tax on pension income and relevant definitions 567. Amount charged to tax 568. Person liable for tax
Chapter 3
United Kingdom pensions: general rules 569. United Kingdom pensions 570. "Pension": interpretation 571. Taxable pension income 572. Person liable for tax
Chapter 4
Foreign pensions: general rules 573. Foreign pensions 574. "Pension": interpretation 575. Taxable pension income 576. Person liable for tax
Chapter 5
United Kingdom social security pensions 577. United Kingdom social security pensions 578. Taxable pension income 579. Person liable for tax
Chapter 6
Approved retirement benefits schemes Pensions and annuities 580. Pensions and annuities 581. Taxable pension income 582. Person liable for tax
Unauthorised payments 583. Unauthorised payments 584. Taxable pension income 585. Person liable for tax
Interpretation etc. 586. Meaning of "retirement benefits scheme" etc. 587. Application to marine pilots' benefit fund 588. Meaning of "employee" and "ex-spouse" 589. Regulations
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Chapter 7
Former approved superannuation funds Annuities 590. Annuities 591. Taxable pension income 592. Person liable for tax
Unauthorised payments 593. Unauthorised payments: application of section 583
Interpretation 594. Meaning of "former approved superannuation fund"
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Chapter 8
Approved personal pension schemes Annuities 595. Annuities 596. Taxable pension income 597. Person liable for tax
Income withdrawals 598. Income withdrawals 599. Taxable pension income 600. Person liable for tax
Unauthorised personal pension payments 601. Unauthorised personal pension payments 602. Taxable pension income 603. Person liable for tax
Interpretation 604. Meaning of "personal pension scheme" and related expressions
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Chapter 9
Retirement annuity contracts 605. Annuities 606. Meaning of "retirement annuity contract" 607. Taxable pension income 608. Person liable for tax
Chapter 10
Other employment-related annuities 609. Annuities for the benefit of dependants 610. Annuities under sponsored superannuation schemes 611. Annuities in recognition of another's services 612. Taxable pension income: UK annuities 613. Taxable pension income: foreign annuities 614. Person liable for tax
Chapter 11
Certain overseas government pensions paid in the UK 615. Certain overseas government pensions paid in the United Kingdom 616. Taxable pension income 617. Deduction allowed from taxable pension income 618. Person liable for tax
Chapter 12
House of Commons Members' Fund 619. The House of Commons Members' Fund 620. Meaning of "House of Commons Members' Fund" 621. Taxable pension income 622. Person liable for tax
Chapter 13
Return of surplus employee additional voluntary contributions 623. Return of surplus employee additional voluntary contributions 624. Taxable pension income 625. Person liable for tax 626. Income tax treated as paid 627. Meaning of "grossing up" 628. Interpretation
Chapter 14
Pre-1973 pensions paid under the Overseas Pensions Act 1973 629. Pre-1973 pensions paid under the Overseas Pensions Act 1973 630. Interpretation 631. Taxable pension income 632. Person liable for tax
Chapter 15
Voluntary annual payments 633. Voluntary annual payments 634. Taxable pension income: UK voluntary annual payments 635. Taxable pension income: foreign voluntary annual payments 636. Person liable for tax
Chapter 16
Exemption for certain lump sums 637. Exemption for lump sums provided under certain pension schemes etc.
Chapter 17
Exemptions: any taxpayer 638. Awards for bravery 639. Pensions in respect of death due to military or war service 640. Exemption under section 639 where income withheld 641. Wounds and disability pensions 642. Compensation for National-Socialist persecution 643. Malawi, Trinidad and Tobago and Zambia government pensions 644. Pensions payable where employment ceased due to disablement 645. Social security pensions: increases in respect of children 646. Former miners etc: coal and allowances in lieu of coal
Chapter 18
Exemptions: Non-UK resident taxpayers 647. Introduction and meaning of "foreign residence condition" etc. 648. The Central African Pension Fund 649. Commonwealth government pensions 650. Oversea Superannuation Scheme 651. Overseas Pensions Act 1973 652. Overseas Service Act 1958 653. Overseas Service Pensions Fund 654. The Pensions (India, Pakistan and Burma) Act 1955
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Part 10
Social security income Chapter 1
Introduction 655. Structure of Part 10
Chapter 2
Tax on social security income 656. Nature of charge to tax on social security income 657. Meaning of "social security income", "taxable benefits" etc. 658. Amount charged to tax 659. Person liable for tax
Chapter 3
Taxable UK social security benefits 660. Taxable benefits: UK benefits – Table A 661. Taxable social security income 662. Person liable for tax
Chapter 4
Taxable UK social security benefits: exemptions Incapacity benefit 663. Long-term incapacity benefit: previous entitlement to invalidity benefit 664. Short-term incapacity benefit not payable at the higher rate
Income support 665. Exempt unless payable to member of couple involved in trade dispute 666. Child maintenance bonus 667. Amounts in excess of taxable maximum 668. Taxable maximum 669. Interpretation
Jobseeker's allowance 670. Child maintenance bonus 671. Amounts in excess of taxable maximum 672. Taxable maximum: general 673. Taxable maximum: income-based jobseeker's allowance 674. Taxable maximum: contribution-based jobseeker's allowance 675. Interpretation
Increases in respect of children 676. Increases in respect of children
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Chapter 5
UK social security benefits wholly exempt from income tax 677. UK social security benefits wholly exempt from tax: Table B
Chapter 6
Taxable foreign benefits 678. Taxable benefits: foreign benefits 679. Taxable social security income 680. Person liable for tax
Chapter 7
Taxable and other foreign benefits: exemptions 681. Taxable and other foreign benefits: exemptions
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Part 11
Pay As You Earn Chapter 1
Introduction 682. Scope of this Part 683. PAYE income
Chapter 2
PAYE: general 684. PAYE regulations 685. Tax tables 686. Meaning of "payment"
Chapter 3
PAYE: special types of payer or payee 687. Payments by intermediary 688. Agency workers 689. Employee of non-UK employer 690. Employee non-resident etc. 691. Mobile UK workforce 692. Organised arrangements for sharing tips
Chapter 4
PAYE: special types of income Income provided by means of vouchers and tokens 693. Cash vouchers 694. Non-cash vouchers 695. Credit-tokens
Income provided in other ways 696. Readily convertible assets 697. Enhancing the value of an asset 698. PAYE: shares ceasing to be only conditional or being disposed of 699. PAYE: conversion of shares 700. PAYE: gains from share options
Supplemental 701. Meaning of "asset" 702. Meaning of "readily convertible asset"
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Chapter 5
PAYE settlement agreements 703. Introduction 704. Sums payable by employers under agreements 705. Approximations allowed in calculations 706. Exclusion of general earnings from income etc. 707. Interpretation of this Chapter
Chapter 6
Miscellaneous and supplemental 708. PAYE repayments 709. Additional provision for certain assessments 710. Notional payments: accounting for tax 711. Right to make a return 712. Interpretation of this Part
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Part 12
Payroll giving 713. Donations to charity: payroll deduction scheme 714. Meaning of "donations" 715. Approval of schemes: regulation by Treasury
Part 13
Supplementary provisions Alteration of amounts 716. Alteration of amounts by Treasury order
Orders and regulations 717. Orders and regulations made by Treasury or Board
Interpretation 718. Connected persons 719. Control in relation to a body corporate 720. Meaning of "the Inland Revenue" etc. 721. Other definitions
Amendments, repeals, citation etc. 722. Consequential amendments 723. Commencement and transitional provisions and savings 724. Repeals and revocations 725. Citation
Schedule 1
Abbreviations and defined expressions Part 1
Abbreviations of Acts and instruments Part 2
Index of expressions defined in this Act or ICTA
Schedule 2
Approved share incentive plans Part 1
Introduction Part 2
General requirements Part 3
Eligibility of individuals Part 4
Types of shares that may be awarded Part 5
Free shares Part 6
Partnership shares Part 7
Matching shares Part 8
Cash dividends and dividend shares Part 9
Trustees Part 10
Approval of plans Part 11
Supplementary provisions
Schedule 3
Approved SAYE option schemes Part 1
Introduction Part 2
General requirements for approval Part 3
Eligibility of individuals to participate in scheme Part 4
Shares to which schemes can apply Part 5
Requirement for linked savings scheme Part 6
Requirements etc. relating to share options Part 7
Exchange of share options Part 8
Approval of schemes Part 9
Supplementary provisions
Schedule 4
Approved CSOP schemes Part 1
Introduction Part 2
General requirements for approval Part 3
Eligibility of individuals to participate in scheme Part 4
Shares to which schemes can apply Part 5
Requirements etc. relating to share options Part 6
Exchange of share options Part 7
Approval of schemes Part 8
Supplementary provisions
Schedule 5
Enterprise management incentives Part 1
Introduction Part 2
General requirements Part 3
Qualifying companies Part 4
Eligible employees Part 5
Requirements relating to options Part 6
Company reorganisations Part 7
Notification of option to Inland Revenue Part 8
Supplementary provisions
Schedule 6
Consequential Amendments Part 1
Income and Corporation Taxes Act 1988 Part 2
Other enactments
Schedule 7
Transitionals and savings Part 1
Continuity of the law Part 2
Employment income: charge to tax Part 3
Employment income: earnings and benefits etc. treated as earnings Part 4
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