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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading General

  • Section 114 Cars, vans and related benefits
  • Section 115 Meaning of “car” and “van”
  • Section 116 Meaning of when car or van is available to employee
  • Section 117 Meaning of car or van made available by reason of employment
  • Section 118 Availability for private use
  • Section 119 Where alternative to benefit of low emission car or van offered
  1. General
  2. Cars, vans and related benefits

Section 114 | Cars, vans and related benefits F1F2F3

From legislation.gov.uk

(1)This Chapter applies to a car or a van in relation to a particular tax year if in that year the car or van—

(a)is made available (without any transfer of the property in it) to an employee or a member of the employee’s family or household,

(b)is so made available by reason of the employment (see section 117), and

(c)is available for the employee’s or member’s private use (see section 118).

(1A)Where this Chapter applies to a car or van, the car or van is a benefit for the purposes of this Chapter (and accordingly it is immaterial whether the terms on which it is made available to the employee or member constitute a fair bargain).F4

(2)Where this Chapter applies to a car or van—

(a)sections 120 to 148 provide for an amount in respect of the benefit of the car to be treated as earnings,F5

(b)sections 149 to 153 provide for an amount in respect of the benefit of any fuel provided for the car to be treated as earnings, ...F6

(c)sections 154 to 159 provide for an amount in respect of the benefit of the van to be treated as earnings; andF7F8F1

(3)Repealed

(3A)This Chapter does not apply to a van in relation to a tax year if the private use of the van during the tax year by the employee or member of the employee’s family or household is insignificant.F9

(4)The following provisions of this Chapter provide for further exceptions—

Notes

  1. F1

    S. 114(2)(d) and preceding word inserted (with effect in accordance with s. 80(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 14 para. 2(2)

  2. F2

    Words in s. 114(2)(d) substituted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 19(d)

  3. F3

    Words in s. 114(4) inserted (with effect in accordance with s. 80(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 14 para. 2(4)

  4. F4

    S. 114(1A) inserted (with effect in accordance with s. 7(9) of the amending Act) by Finance Act 2016 (c. 24), s. 7(4)

  5. F5

    Words in s. 114(2)(a) substituted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 19(a)

  6. F6

    Words in s. 114(2)(b) substituted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 19(b)

  7. F7

    Word in s. 114(2)(c) substituted (with effect in accordance with s. 80(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 14 para. 2(2)

  8. F8

    Words in s. 114(2)(c) substituted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 19(c)

  9. F9

    S. 114(3A) inserted (with effect in accordance with s. 80(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 14 para. 2(3)

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