Income Tax (Earnings and Pensions) Act 2003 section 323C

Power to amend sections 323A and 323B

Section 323C gives HM Treasury the power to change, by regulations, the qualifying conditions for the trivial benefits exemption and to make any related consequential amendments.

  • The Treasury may amend the conditions that must be met for the trivial benefits exemption under section 323A to apply
  • Any consequential changes needed to section 323B (the calculation of the available exempt amount) can be made through the same regulations
  • Regulations must be approved by the House of Commons before they can take effect (the affirmative procedure)
  • This ensures Parliament retains oversight of any future changes to the trivial benefits exemption rules

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