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PART VU.K. PROVISIONS RELATING TO THE SCHEDULE E CHARGE

CHAPTER IIU.K.[F1EMPLOYEES EARNING £8,500 OR MORE AND DIRECTORS]

Textual Amendments

Benefits in kindU.K.

158 Car fuel. U.K.

(1)M1Where in any year in the case of a person employed in [F2employment to which this Chapter applies] fuel is provided by reason of his employment for a car which is made available as mentioned in section 157, an amount equal to whatever is the cash equivalent of that benefit in that year shall be treated as emoluments of the employment and, accordingly, shall be chargeable to income tax under Schedule E.

[F3(2)Subject to the provisions of this section, the cash equivalent of that benefit shall be ascertained from—

(a)Table A below where the car has an internal combustion engine with one or more reciprocating pistons and is not a diesel car;

(b)Table AB below where the car has an internal combustion engine with one or more reciprocating pistons and is a diesel car;

(c)Table B below where the car does not have an internal combustion engine with one or more reciprocating pistons.

[F4TABLE A
Cylinder capacity of car in cubic centimetresCash equivalent
1,400 or less£600
More than 1,400 but not more than 2,000£760
More than 2,000£1,130
TABLE AB
Cylinder capacity of car in cubic centimetresCash equivalent
2,000 or less£550
More than 2,000£710
TABLE B
Original market value of carCash equivalent
Less than £6,000£600
£6,000 or more but less than £8,500£760
£8,500 or more£1,130]

(2A)For the purposes of subsection (2) above a diesel car is a car which uses heavy oil as fuel; and “heavy oil” here means heavy oil as defined by section 1(4) of the Hydrocarbon Oil Duties Act 1979.

(2B)For the purposes of Tables A and AB in subsection (2) above a car’s cylinder capacity is the capacity of its engine calculated as for the purposes of the Vehicles (Excise) Act 1971.]

(3)M2Without prejudice to the generality of subsection (1) above, fuel is provided for a car if—

(a)any liability in respect of the provision of fuel for the car is discharged;

(b)a non-cash voucher or a credit-token is used to obtain fuel for the car or money which is spent on such fuel;

(c)any sum is paid in respect of expenses incurred in providing fuel for the car.

(4)The Treasury may by order taking effect from the beginning of any year beginning after it is made substitute a different Table for [F5any] of the Tables in subsection (2) above.

(5)Where paragraph 2 [F6or 3] of Part II of Schedule 6 applies to reduce the cash equivalent of the benefit of the car for which the fuel is provided, the same reduction shall be made to the cash equivalent of the benefit of the fuel ascertained under subsection (2) above.

(6)If in the relevant year—

(a)the employee is required to make good to the person providing the fuel the whole of the expense incurred by him in or in connection with the provision of fuel for his private use and he does so; or

(b)the fuel is made available only for business travel;

the cash equivalent is nil.

Textual Amendments

F21989 s.53(2)(b).Previously

“director's or higher-paid employment”.

F3S. 158(2)(2A)(2B) substituted for s. 158(2) (with effect for the year 1992-93 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), s. 53(2)(4).

F4Tables in s. 158(2) substituted (with effect for the year 1993-94) by 1993 c. 34, s. 71(1)(3)

F5Word in s. 158(4) substituted (with effect for the year 1992-93 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), s. 53(3)(4).

F6Words in s. 158(5) repealed (with effect for the year 1993-94) by 1993 c. 34, ss. 71(2)(3), 213, Sch. 23 Pt.III

Modifications etc. (not altering text)

C1 See—1988 ss.197A, 197B—car parking and mileage profit.1988 s.327—disabled persons' vehicle maintenance grant.

C2S. 158 applied (E.W.S.) (25.7.1991 for tax year beginning 6.4.1991 and subsequent years) by Social Security Act 1975 (c. 14, SIF 113:1), s. 4A(4)-(6) (as inserted by Social Security Act 1991 (c. 42, SIF 113:1), ss. 1(5), 6(5))

C3 applied (N.I.) (16.10.1991 for tax year beginning 6.4.1991 and subsequent years) by Social Security (Northern Ireland) Act 1975 (c. 15, SIF 113:1), s. 4A(4)-(6) (as inserted by S.I. 1991/2294 (N.I. 22), arts. 1(4), 3(5))

S. 158 applied (E.W.S.) (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 10(4), 177(4) (with s. 108(5)).

Marginal Citations

M1Source—1976 s.64A(1); 1981 s.69(1); 1982 s.46(4)

M2Source—1976 s.64A(3)-(6); 1981 s.69(1)