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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Payments and benefits treated as employment income

  • Section 402A Split of payments and other benefits between sections 402B and 403
  • Section 402B Termination awards not benefiting from threshold to be treated as earnings
  • Section 402C The termination awards to which section 402B applies
  • Section 402D “Post-employment notice pay”
  • Section 402E Meaning of “trigger date” and “post-employment notice period” in section 402D
  • Section 403 Charge on payment or other benefit where threshold applies
  • Section 404 How the £30,000 threshold applies
  • Section 404A Amounts charged to be treated as highest part of total income
  • Section 404B Power to vary threshold
  1. Payments and benefits treated as employment income
  2. Amounts charged to be treated as highest part of total income

Section 404A | Amounts charged to be treated as highest part of total income F1

From legislation.gov.uk

(1)A payment or other benefit which counts as a person's employment income as a result of section 403 is treated as the highest part of the person's total income.

(2)Subsection (1) has effect for all income tax purposes except the purposes of sections 535 to 537 of ITTOIA 2005 (gains from contracts for life insurance etc: top slicing relief).

(3)See section 1012 of ITA 2007 (relationship between highest part rules) for the relationship between—

(a)the rule in subsection (1), and

(b)other rules requiring particular income to be treated as the highest part of a person's total income.

Notes

  1. F1

    S. 404A inserted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 437 (with Sch. 2)

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