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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Deductions where amounts treated as earnings under the benefits code

  • Section 362 Deductions where non-cash voucher provided
  • Section 363 Deductions where credit-token provided
  • Section 364 Deductions where living accommodation provided
  • Section 365 Deductions where certain employment-related benefits provided
  1. Deductions where amounts treated as earnings under the benefits code
  2. Deductions where certain employment-related benefits provided

Section 365 | Deductions where certain employment-related benefits provided

From legislation.gov.uk

(1)A deduction from earnings is allowed if—

(a)the earnings include an amount treated as earnings under Chapter 10 of Part 3 (taxable benefits: residual liability to charge) in respect of a benefit, ...

(aa)the cost of the benefit was determined under section 204 or 206, andF1

(b)had the employee incurred and paid the cost of the benefit, the whole or part of the amount paid would have been deductible under Chapter 2 or 5 of this Part.

(2)The deduction is equal to the amount that would have been so deductible.

(3)For the purposes of this section, the cost of the benefit is determined in accordance with section 204 or 206 .F2

Notes

  1. F1

    S. 365(1)(aa) inserted (with effect in accordance with s. 8(5) of the amending Act) by Finance Act 2017 (c. 10), s. 8(4)(a)(ii)

  2. F2

    Words in s. 365(3) substituted (with effect in accordance with s. 8(5) of the amending Act) by Finance Act 2017 (c. 10), s. 8(4)(b)

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