Income Tax (Earnings and Pensions) Act 2003 | Consolidated to 2009
We have incorporated changes made by all the Finance Acts up to and including the Finance Act 2009, as well as those made by Statutory Instruments (up to and including those taking effect on 1 January 2010. Each amendment is clearly cited, with the source identified.
Table of Contents
Part 1 Overview
Part 2 Employment income: charge to tax
Chapter 1 Introduction
Chapter 2 Tax on employment income
Chapter 3 Operation of tax charge
Chapter 4 Taxable earnings: UK resident employees
Taxable earnings
UK resident employees
Year for which general earnings are earned
When general earnings are received
Chapter 5 Taxable earnings: remittance basis rules and rules for non-UK resident employees
Taxable earnings
Remittance basis rules for UK ordinarily resident employees
Remittance basis rules: employees not UK ordinarily resident
Employees not resident in UK
Special class of earnings for purposes of sections 25 to 27
Year for which general earnings are earned
When general earnings are received or remitted
Relief for delayed remittances
Place of performance of duties of employment
Chapter 5A Taxable specific income: effect of remittance basis
Introduction
Section 41D Limit on foreign securities income where duties of associated employment performed in UK
Chapter 6 Disputes as to domicile or ordinary residence
Chapter 7 Application of provisions to agency workers
Agency workers
Supplementary
Chapter 8 Application of provisions to workers under arrangements made by intermediaries
Application of this Chapter
The deemed employment payment
Supplementary provisions
Chapter 9 Managed service companies
Application of this Chapter
The deemed employment payment
Supplementary provisions
Part 3 Employment income: earnings and benefits etc. treated as earnings
Chapter 1 Earnings
Chapter 2 Taxable benefits: the benefits code
The benefits code
General definitions for benefits code
Chapter 3 Taxable benefits: expenses payments
Chapter 4 Taxable benefits: vouchers and credit-tokens
Cash vouchers: introduction
Meaning of “cash voucher”
Cash vouchers: exceptions
Benefit of cash voucher treated as earnings
Non-cash vouchers: introduction
Meaning of “non-cash voucher”
Non-cash voucher: exceptions
Benefit of non-cash voucher treated as earnings
Credit-tokens: introduction
Meaning of “credit-token”
Credit-tokens: exception
Benefit of credit-token treated as earnings
General supplementary provisions
Chapter 5 Taxable benefits: living accommodation
Living accommodation
Exceptions
Benefit of living accommodation treated as earnings
Calculation of cash equivalent
Accommodation costing £75,000 or less
Accommodation costing more than £75,000
Apportionment of cash equivalent
Other tax implications
Supplementary
Chapter 6 Taxable benefits: cars, vans and related benefits
General
Cars: benefit treated as earnings
Cars: the price of a car
Cars: treatment of accessories
Cars: capital contributions by employee
Cars: the appropriate percentage
Cars: appropriate percentage: first registered on or after 1st January 1998
Cars: appropriate percentage: first registered before 1st January 1998
Cars: unavailability or payments for private use
Cars: special cases
Cars: reduction where shared car
Car fuel: benefit treated as earnings
Vans: benefit treated as earnings
Vans: reductions of cash equivalent
Van fuel: benefit treated as earnings
Vans: limit of cash equivalent
Cars and vans: exceptions
Orders
Supplementary
Chapter 7 Taxable benefits: loans
Introduction
Benefit of taxable cheap loan treated as earnings
Calculation of amount of interest at official rate
Supplementary provisions relating to taxable cheap loans
Loan released or written off
General supplementary provisions
Chapter 8 Taxable benefits: notional loans in respect of acquisitions of shares
Introduction
Acquisition of shares for less than market value
Supplementary provisions
Chapter 9 Taxable benefits: disposals of shares for more than market value
Chapter 10 Taxable benefits: residual liability to charge
Introduction
Cash equivalent of benefit treated as earnings
Determination of the cost of the benefit
Supplementary provisions
Special rules for scholarships
Chapter 11 Taxable benefits: exclusion of lower-paid employments from parts of benefits code
Introduction
What is lower-paid employment
Treatment of related employments
Chapter 12 Payments treated as earnings
Part 4 Employment income: exemptions
Chapter 1 Exemptions: general
Chapter 2 Exemptions: mileage allowances and passenger payments
Mileage allowances
Passenger payments
Supplementary
Chapter 3 Exemptions: other transport, travel and subsistence
Chapter 4 Exemptions: education and training
Work-related training
Individual learning account training
Chapter 5 Exemptions: recreational benefits
Recreational facilities
Annual parties and functions
Entertainment
Chapter 6 Exemptions: non-cash vouchers and credit-tokens
General exemptions: use for exempt benefits
Exemptions for particular non-cash vouchers and credit-tokens
Chapter 7 Exemptions: removal benefits and expenses
Exemption of removal benefits and expenses: general
Benefits and expenses within this Chapter
Limit on exemption
Special exemption and relief for bridging loans
Chapter 8 Exemptions: special kinds of employees
Ministers of religion
MPs, government ministers etc.
Armed forces
Crown employees
Consuls, foreign agents etc.
Visiting forces and staff of designated allied headquarters
Detached national experts
Offshore oil and gas workers
Miners etc.
Chapter 9 Exemptions: pension provision
Chapter 10 Exemptions: termination of employment
Redundancy payments
Outplacement benefits
Chapter 11 Miscellaneous exemptions
Living accommodation
Work accommodation, supplies etc.
Workplace meals
Childcare
Telephones and computer equipment
Eye tests and special corrective appliances
Health-screening and medical check-ups
Awards and gifts
Overseas medical treatment
Expenses incidental to sale etc. of asset
Part 5 Employment income: deductions allowed from earnings
Chapter 1 Deductions allowed from earnings: general rules
Introduction
General rules
Chapter 2 Deductions for employee’s expenses
Introduction
General rule for deduction of employee’s expenses
Travel expenses
Fees and subscriptions
Employee liabilities and indemnity insurance
Expenses of ministers of religion
Agency fees paid by entertainers
Special rules for earnings with a foreign element
Disallowance of business entertainment and gifts expenses
Other rules preventing deductions of particular kinds
Chapter 3 Deductions from benefits code earnings
Introduction
Deductions where amounts treated as earnings under the benefits code
Chapter 4 Fixed allowances for employee’s expenses
Introduction
Fixed sum deductions
Chapter 5 Deductions for earnings representing benefits or reimbursed expenses
Introduction
Travel costs and expenses where duties performed abroad
Travel costs and expenses of non-domiciled employees where duties performed in UK
Foreign accommodation and subsistence costs and expenses
Personal security assets and services
Chapter 6 Deductions from seafarers' earnings
Part 6 Employment income: income which is not earnings or share-related
Chapter 1 Payments to non-approved pension schemes
Chapter 2 Benefits from employer-financed retirement benefits schemes
Benefits treated as employment income
Valuation of benefits etc.
Interpretation
Chapter 3 Payments and benefits on termination of employment etc.
Preliminary
Payments and benefits treated as employment income
Exceptions and reductions
General and supplementary provisions
Part 7 Employment income: income and exemptions relating to securities
Chapter 1 Introduction
General
Interpretation of Chapters 1 to 5
Application of Chapters 2 to 4A
Information
Chapter 2 Conditional interests in shares
Introduction
Tax exemption on acquisition
Tax charge on post-acquisition chargebale events
Supplementary
Chapter 3 Convertible securities
Introduction
Tax relief on acquisition
Tax charge on post-acquisition chargeable events
Supplementary
Chapter 3A Securities with artificially depressed market value
Introduction
Tax charge on acquisition
Other tax charges
Supplementary
Chapter 3B Securities with artificially enhanced market value
Introduction
Charge on non-commercial increases
Supplementary
Chapter 3C Securities acquired for less than market value
Chapter 3D Sucurities disposed of for more than market value
Chapter 4 Post-acquisition benefits from securities
Chapter 4A Shares in research institution spin-out companies
Introduction
Tax relief on acquisition
Tax relief following acquisition
Disapplication of Chapters 2 and 3B
Supplementary
Chapter 5 Securities options
Introduction
Tax relief on acquisition of option
Tax charge on post-acquisition chargeable events
Supplementary provisions
Chapter 6 Approved share incentive plans
Introduction
Scope of tax advantages
Tax advantages connected with award of shares
Tax advantages connected with holding of shares
Tax advantages connected with shares ceasing to be subject to plan
Tax advantages: supplementary
Scope of tax charges
Charges connected with holding of shares
Charges connected with shares ceasing to be subject to plan
PAYE
Other tax consequences
Chapter 7 Approved SAYE option schemes
Introduction
Tax advantages
Chapter 8 Approved CSOP schemes
Introduction
Tax advantages
Tax charge
Chapter 9 Enterprise management incentives
Introduction
Tax advantages: receipt of option
Tax advantages: exercise of option
Tax advantages where disqualifying events
Tax advantages: taxable benefits
Other income tax consequences
Chapter 10 Priority share allocations
Exemption where offer made to both public and employees
Exemption where different offers made to public and employees
Supplementary provisions
Chapter 11 Supplementary provisions about employee benefit trusts
Introduction
Employee benefit trusts
Attribution of interests in company
Part 8 Former employees: deductions for liabilities
Deductions in calculating net income
Interpretation
Part 9 Pension income
Chapter 1 Introduction
Chapter 2 Tax on pension income
Chapter 3 United Kingdom pensions: general rules
Chapter 4 Foreign pensions: general rules
Chapter 5 United Kingdom social security pensions
Chapter 5A Pensions under registered pension schemes
Chapter 6 Approved retirement benefits schemes
Pensions and annuities
Unauthorised payments
Interpretation etc.
Chapter 7 Former approved superannuation funds
Annuities
Unauthorised payments
Interpretation
Chapter 8 Approved personal pension schemes
Annuities
Income withdrawals
Unauthorised personal pension payments
Interpretation
Chapter 9 Retirement annuity contracts
Chapter 10 Other employment-related annuities
Chapter 11 Certain overseas government pensions paid in the UK
Chapter 12 House of Commons Members' Fund
Chapter 13 Return of surplus employee additional voluntary contributions
Chapter 14 Pre-1973 pensions paid under the Overseas Pensions Act 1973
Chapter 15 Voluntary annual payments
Chapter 15A Lump sums under registered pension schemes
Chapter 16 Exemption for certain lump sums
Chapter 17 Exemptions: any taxpayer
Chapter 18 Exemptions: Non-UK resident taxpayers
Part 10 Social security income
Chapter 1 Introduction
Chapter 2 Tax on social security income
Chapter 3 Taxable UK social security benefits
Chapter 4 Taxable UK social security benefits: exemptions
Incapacity benefit
Income support
Jobseeker’s allowance
Increases in respect of children
Chapter 5 UK social security benefits wholly exempt from income tax
Chapter 6 Taxable foreign benefits
Chapter 7 Taxable and other foreign benefits: exemptions
Part 11 Pay As You Earn
Chapter 1 Introduction
Chapter 2 PAYE: general
Chapter 3 PAYE: special types of payer or payee
Chapter 4 PAYE: special types of income
Income provided by means of vouchers and tokens
Income provided in other ways
Supplemental
Chapter 5 PAYE settlement agreements
Chapter 6 Miscellaneous and supplemental
Part 12 Payroll giving
Part 13 Supplementary provisions
Alteration of amounts
Priority rule for dividends etc.
Orders and regulations
Interpretation
Amendments, repeals, citation etc.
Schedules
Schedule 1 Abbreviations and defined expressions
Schedule 2 Approved share incentive plans
Schedule 3 Approved SAYE option schemes
Schedule 4 Approved CSOP schemes
Schedule 5 Enterprise management incentives
Schedule 6 Consequential amendments
Schedule 7 Transitionals and savings
Schedule 8 Repeals and revocations





