- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/07/2013)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/03/2015
Point in time view as at 01/07/2013.
Income Tax (Earnings and Pensions) Act 2003, Chapter 2 is up to date with all changes known to be in force on or before 27 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The charge to tax on employment income under this Part is a charge to tax on—
(a)general earnings, and
(b)specific employment income.
The meaning of “employment income”, “general earnings” and “specific employment income” is given in section 7.
(2)The amount of general earnings or specific employment income which is charged to tax in a particular tax year is set out in section 9.
(3)The rules in Chapters 4 and 5 of this Part, which are concerned with—
(a)the residence and domicile of an employee in a tax year, F1...
[F2(aa)whether section 809B, 809D or 809E of ITA 2007 (remittance basis) applies to an employee for a tax year, and]
(b)the tax year in which amounts are received or remitted to the United Kingdom,
apply for the purposes of the charge to tax on general earnings but not that on specific employment income.
[F3(3A)The rules in Chapter 5A, which are concerned with the matters mentioned in subsection (3)(a) to (b), apply for the purposes of the charge to tax on certain specific employment income arising under Part 7 (securities etc).]
(4)The person who is liable for any tax charged on employment income is set out in section 13.
(5)Employment income is not charged to tax under this Part if it is within the charge to tax under [F4Part 2 of ITTOIA 2005 (trading income) by virtue of section 15 of that Act] (divers and diving supervisors).
Textual Amendments
F1Word in s. 6(3)(a) omitted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 7 para. 3(2)
F2S. 6(3)(aa) inserted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 3(2)
F3S. 6(3A) inserted (with effect in accordance with Sch. 7 para. 80 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 3(3)
F4Words in s. 6(5) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 585 (with Sch. 2)
(1)This section gives the meaning for the purposes of the Tax Acts of “employment income”, “general earnings” and “specific employment income”.
(2)“Employment income” means—
(a)earnings within Chapter 1 of Part 3,
(b)any amount treated as earnings (see subsection (5)), or
(c)any amount which counts as employment income (see subsection (6)).
(3)“General earnings” means—
(a)earnings within Chapter 1 of Part 3, or
(b)any amount treated as earnings (see subsection (5)),
excluding in each case any exempt income.
(4)“Specific employment income” means any amount which counts as employment income (see subsection (6)), excluding any exempt income.
(5)Subsection (2)(b) or (3)(b) refers to any amount treated as earnings under—
[F5(a)Chapters 7 to 9 of this Part (agency workers, workers under arrangements made by intermediaries, and workers providing services through managed service companies),]
(b)Chapters 2 to 11 of Part 3 (the benefits code),
(c)Chapter 12 of Part 3 (payments treated as earnings), or
(d)section 262 of CAA 2001 (balancing charges to be given effect by treating them as earnings).
(6)Subsection (2)(c) or (4) refers to any amount which counts as employment income by virtue of—
(a)Part 6 (income which is not earnings or share-related),
(b)Part 7 [F6(income and exemptions relating to securities and securities options)]
[F7(ba)Part 7A (employment income provided through third parties), or]
(c)any other enactment.
Textual Amendments
F5S. 7(5)(a) substituted (retrospective to 6.4.2007) by Finance Act 2007 (c. 11), s. 25(2), Sch. 3 para. 2
F6Words in s. 7(6)(b) substituted (16.4.2003 with effect in accordance with Sch. 22 para. 17(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 17(1)
F7S. 7(6)(ba) substituted for word (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 5
For the purposes of the employment income Parts, an amount of employment income within paragraph (a), (b) or (c) of section 7(2) is “exempt income” if, as a result of any exemption in Part 4 or elsewhere, no liability to income tax arises in respect of it as such an amount.
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