Income Tax (Trading and Other Income) Act 2005 section 23F

Relevant benefits: persons other than T

Section 23F defines the "enjoyment conditions" that determine when a relevant benefit provided to a third party is treated as being for the benefit of the taxpayer (T), for the purposes of the disguised remuneration rules.

• A relevant benefit provided to another person is caught if it is dealt with in a way that is calculated to benefit T, increases the value of T's assets, or results in T receiving or being entitled to receive any benefit derived from it.
• Where the benefit is a sum of money (including a loan), it is caught if T may become entitled to enjoy it through the exercise of any powers by any person, regardless of consent requirements, or if T can directly or indirectly control how the sum is applied.
• If only part of a relevant benefit meets an enjoyment condition, that part is treated as a separate benefit in its own right.
• References to T include any person connected with T (now or in the past), and all relevant circumstances must be considered when determining whether an enjoyment condition is met.