Income Tax (Earnings and Pensions) Act 2003 section 5

Application to offices and office-holders

Section 5 establishes that the employment income provisions of the Act apply to offices and office-holders in the same way as they apply to employments and employees.

  • All employment income rules apply equally to offices and office-holders unless specifically stated otherwise
  • References to "being employed" mean holding an office, "employee" means the office-holder, and "employer" means the person under whom the office-holder serves
  • An "office" includes any position that exists independently of whoever currently holds it and can be filled by successive holders
  • The definition of "office" is non-exhaustive, drawing on principles established through case law

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