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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Benefits treated as employment income

  • Section 393 Application of this Chapter
  • Section 393A Employer-financed retirement benefits scheme
  • Section 393B Relevant benefits
  • Section 394 Charge on benefit to which this Chapter applies
  • Section 394A Temporary non-residents
  • Section 395 Reduction where employee has contributed
  • Section 395A Benefits under old section 222 schemes not taxed by virtue of section 394
  • Section 395B Exemption or reduction for foreign service
  • Section 395C Meaning of “foreign service” in section 395B
  • Section 396 Certain lump sums not taxed by virtue of section 394
  • Section 397 Certain lump sums: calculation of amount taxed by virtue of section 394
  1. Benefits treated as employment income
  2. Reduction where employee has contributed

Section 395 | Reduction where employee has contributed F1

From legislation.gov.uk

(1)This section applies in relation to a relevant benefit under an employer-financed retirement benefits scheme in the form of a lump sum where, under the scheme, an employee has paid any sum or sums by way of contribution to the provision of the lump sum.

(2)The amount which, by virtue of section 394, counts as employment income, or is chargeable to tax under subsection (2) of that section, is the amount of the lump sum reduced by the sum, or the aggregate of the sums, paid by the employee by way of contribution to the provision of the lump sum.F2

(3)A reduction under this section may not be claimed in respect of the same contribution in relation to more than one lump sum.

(4)It is to be assumed, unless the contrary is shown, that no reduction is applicable under this section.

Notes

  1. F1

    S. 395 substituted for ss. 395-397 (6.4.2006) by Finance Act 2004 (c. 12), ss. 249(8), 284(1) (with Sch. 36)

  2. F2

    Words in s. 395 substituted by 2004 c. 12, s. 249(8) (as amended (6.4.2006) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 651(3), Sch. 2 para. 161 (with Sch. 2))

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