Finance Act 2002

Benefits in connection with termination of employment or change in duties or emoluments

5 In section 148 of the Taxes Act 1988 (payments and other benefits in connection with termination of employment, etc), for subsection (2) substitute—

“(2) For the purposes of this section “benefit” includes anything which, disregarding any exemption—

(a) would be an emolument of the employment, or

(b) would be chargeable to tax as an emolument of the employment,

if received for the performance of the duties of the employment.

(2A) But subsection (1) does not apply—

(a) to any payment or other benefit received in connection with any change in the duties of, or emoluments from, a person’s employment to the extent that it is a benefit which, if received for the performance of the duties of the employment, would fall within paragraph 1(1) of Schedule 11A, or

(b) to any payment or other benefit received in connection with the termination of a person’s employment—

(i) that is a benefit which, if received for the performance of the duties of the employment, would fall within section 155(1) or (5), 155AA, 156A, 157(3), 159AA(3), 159AC(3), 200B(2)(b), 200E(2)(b), 588(1), 589A or 643(1), or

(ii) to the extent that it is a benefit which, if so received, would not be included in the emoluments of that person by virtue of section 200D(1) or 200J(2).”.