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Official guidance
Employment Income Manual

EIM21000 · The benefits code: general

  • EIM21001 · The benefits code: general
  • EIM21002 · The benefits code: what is meant by a “benefit”
  • EIM21003 · The benefits code: what is meant by benefit: motive of employer is irrelevant: Rendell v Went
  • EIM21004 · The benefits code: benefits and fair bargain: Mairs v Haughey: Wilson v Clayton
  • EIM21005 · The benefits code: benefits chargeable under legislation other than the benefits code
  • EIM21006 · The benefits code: cash payments can be benefits: Wicks v Firth
  • EIM21007 · The benefits code: interaction of the benefits code with the taxing of payments and benefits received on termination or change of employment
  • EIM21008 · The benefits code: interaction of the benefits code with the taxing of payments and benefits received on termination or change of employment: continued
  • EIM21010 · The benefits code: when is a benefit provided: Templeton v Jacobs
  • EIM21101 · The benefits code: cash equivalent of benefits
  • EIM21102 · The benefits code: cash equivalent of benefits: the general rule
  • EIM21110 · The benefits code: cash equivalent of benefits: inhouse benefits: marginal additional expense: Pepper v Hart
  • EIM21111 · The benefits code: cash equivalent of benefits: housebenefits: marginal additional expense: examples
  • EIM21119 · Taxable benefits that are not payrolled: time limits for making good
  • EIM21120 · The benefits code: what is meant by "making good"
  • EIM21121 · The benefits code: when must making good take place?
  • EIM21122 · The benefits code: making good by waiver of remuneration
  • EIM21200 · The benefits code: apportionment of the cash equivalent of the benefit
  • EIM21201 · The benefits code: more on apportionment of the cash equivalent of the benefit: Westcott v Bryan
  • EIM21210 · The benefits code: deduction for necessary expenses
  • EIM21220 · The benefits code: who is the person providing a benefit?
  • EIM21230 · The benefits code: valuation of benefits: special rules for certain benefits
  • EIM21240 · The benefits code: benefits and reimbursed expenses exempt from tax
  • EIM21241 · The benefits code: benefits and reimbursed expenses not chargeable to tax: table
  1. The benefits code: general: contents
  2. The benefits code: deduction for necessary expenses

EIM21210 | The benefits code: deduction for necessary expenses

From HM Revenue & Customs · Employment Income Manual

Section 365(1) ITEPA 2003

The employee can claim a deduction from the cash equivalent for any amounts which would have been allowable as expenses, if he had paid for the benefit out of his earnings. The most important amounts which can be deducted are those which would have been allowable as:

  • necessary expenses under section 336 ITEPA 2003 (EIM31620 onwards)

  • travelling expenses under sections 337 and 338 ITEPA 2003 (EIM31810)

  • professional fees and annual subscriptions under sections 343 and 344 ITEPA 2003 (EIM32880)

  • the expenses of a minister of religion under section 351 ITEPA 2003 (EIM60040).

Benefits which are used for business entertaining will not usually qualify for a deduction under section 336 (EIM32630).

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