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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Redundancy payments etc.

  • Section 76 Redundancy payments and approved contractual payments
  • Section 77 Payments in respect of employment wholly in employer's trade
  • Section 78 Payments in respect of employment in more than one capacity
  • Section 79 Additional payments
  • Section 79A Additional payments: change in the persons carrying on the trade
  • Section 80 Payments made by the Government
  1. Redundancy payments etc.
  2. Redundancy payments and approved contractual payments

Section 76 | Redundancy payments and approved contractual payments

From legislation.gov.uk

(1)Sections 77 to 79 apply if—

(a)a person (“the employer”) makes a redundancy payment or an approved contractual payment to another person (“the employee”), and

(b)the payment is in respect of the employee's employment wholly in the employer's trade or partly in the employer's trade and partly in one or more other capacities.

(2)For the purposes of this section and sections 77 to 80 “redundancy payment” means a redundancy payment payable under—

(a)Part 11 of the Employment Rights Act 1996 (c. 18), or

(b)Part 12 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)).

(3)For the purposes of this section and those sections—

“contractual payment” means a payment which, under an agreement, an employer is liable to make to an employee on the termination of the employee's contract of employment, and

a contractual payment is “approved” if, in respect of that agreement, an order is in force under—

(a)section 157 of the Employment Rights Act 1996, or

(b)Article 192 of the Employment Rights (Northern Ireland) Order 1996.

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