Section 309 | Limited exemptions for statutory redundancy payments

(1)No liability to income tax in respect of earnings arises by virtue of a redundancy payment or an approved contractual payment, except where subsection (2) applies.

(2)Where an approved contractual payment exceeds the amount which would have been due if a redundancy payment had been payable, the excess is liable to income tax.

(3)No liability to income tax in respect of employment income other than earnings arises by virtue of a redundancy payment or an approved contractual payment, except where it does so by virtue of Chapter 3 of Part 6 (payments and benefits on termination of employment etc.).

(4)For the purposes of this section—

(a)a statutory payment in respect of a redundancy payment is to be treated as paid on account of the redundancy payment, and

(b)a statutory payment in respect of an approved contractual payment is to be treated as paid on account of the approved contractual payment.

(5)In this section—

(6)In subsection (5) “employment”, in relation to a person, has the meaning given in section 230(5) of ERA 1996 or Article 3(5) of ER(NI)O 1996.