Income Tax (Earnings and Pensions) Act 2003

Fees and subscriptions U.K.

343 Deduction for professional membership fees U.K.

(1) A deduction from earnings from an employment is allowed for an amount paid in respect of a professional fee if—

(a) the duties of the employment involve the practice of the profession to which the fee relates, and

(b) the registration, certification, licensing or other matter in respect of which the fee is payable is a condition, or one of alternative conditions, which must be met if that profession is to be practised in the performance of those duties.

(2) In this section “professional fee” means a fee mentioned in the following Table.

Table

Health professionals

1. Fee payable for entry or retention of a name in any of the following—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the register maintained by the Registrar of Chiropractors,

[F2 (c) the dental care professionals register,]

(d) the dentists register,

(e) the register of dispensing opticians,

(f) the register maintained by [F3 the Health and Care Professions Council] ,

F4 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) the register of medical practitioners,

(i) the register maintained by the Nursing and Midwifery Council,

(j) either of the registers of opthalmic opticians,

(k) the register maintained by the Registrar of Osteopaths,

[F5 (l) the register maintained under article 19 of the Pharmacy Order 2010 so far as relating to pharmacists or pharmacy technicians,]

[F6 (n) the register of pharmaceutical chemists kept under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976.]

F7 [F8 (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) the register maintained by the Care Council for Wales,

(q) the register maintained by the Scottish Social Services Council,

(r) the register maintained by the Northern Ireland Social Care Council.]

[F9 1A. Trainee registration fee payable by a specialty registrar to a body which recommends specialty registrars to the registrar of the General Medical Council for the award of a certificate of completion of training under section 34L of the Medical Act 1983.]

[F10 1B. Trainee registration fee payable by a person listed in the dentists register to a body which provides evidence to the General Dental Council relating to a person’s suitability to be awarded a Certificate of Completion of Specialist Training in a specialist branch of dentistry pursuant to regulations made under section 26(3) and (4) of the Dentists Act 1984]

F1 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Fee payable for entry or retention of a name in any of the following—

(a) the register maintained by the registrar appointed by the Farriers Registration Council,

(b) the supplementary veterinary register,

(c) the register of veterinary surgeons.

[F11 (ca) any list or register of veterinary nurses maintained by the Royal College of Veterinary Surgeons,]

[F12 (d) the register maintained by the Animal Medicines Training Regulatory Authority pursuant to paragraph 13 of Schedule 3 to the Veterinary Medicines Regulations 2006.]

Legal professionals

4. Fee payable to the Council for Licensed Conveyancers on the issue of a licence to practise as a licensed conveyancer.

5. Fee and contribution to the compensation fund or Guarantee Fund payable on the issue of a solicitor’s practising certificate.

[F13 5A. Fee payable to the Costs Lawyer Standards Board on applying for a costs lawyer practising certificate.]

Architects

6. Fee payable for entry or retention of a name in the Register of Architects.

Teachers [F14 etc]

7. Fee payable for entry or retention of a name in any of the following—

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the register maintained by the General Teaching Council for Scotland,

(c) the register maintained by the [F16 Education Workforce Council].

[F17 (d) the register maintained by the General Teaching Council for Northern Ireland.]

[F18 Patent attorneys] and [F19 trade mark attorneys]

8. Registration fee payable by—

(a) a registered [F18 patent attorney],

(b) a registered [F19 trade mark attorney].

9. Practising fee payable by—

(a) a registered [F18 patent attorney],

(b) a registered [F19 trade mark attorney].

Occupations in the transport sector

10. Fee payable by a driving instructor for entry or retention of a name in the register of approved instructors or on the issue or renewal of a licence authorising its holder to give paid instruction in the driving of a motor car.

11. Fee (including any related medical or technical examination fee) payable, on the issue or renewal of a licence by the Civil Aviation Authority, by—

(a) an aircraft maintenance engineer,

(b) an air traffic controller or student air traffic controller,

(c) a member of the flight crew of an aircraft registered in the United Kingdom,

(d) a flight information service officer.

12. Fee (including any related medical examination fee) payable—

(a) on the issue or renewal of a licence authorising its holder to drive a large goods vehicle or a passenger-carrying vehicle,

(b) by an officer or other seaman on the issue, renewal or endorsement of a certificate, licence or other document which is required as evidence of his qualification or competence to serve in a ship.

13. Fee payable by a seafarer employed in a sea-going United Kingdom ship on the issue or renewal of a medical fitness certificate.

[F20 14. Fee payable by a person employed or to be employed at a United Kingdom airport for a criminal records check required for the issue of a security pass authorising him to enter areas within the airport.]

[F21 Occupations in the private security industry

15. Fee payable on applying for a licence from the Security Industry Authority under the Private Security Industry Act 2001.]

[F22 Occupations in the gambling industry

16. Fee payable—

(a) on applying for a personal licence from the Gambling Commission under the Gambling Act 2005, or

(b) on applying to vary such a licence.

17. Any fee payable to the Gambling Commission under section 132 of that Act.]

(3) The Board of Inland Revenue may make an order adding such fee as is specified in the order to the Table of fees mentioned in subsection (2).

(4) The [F23 Commissioners] may make an order if they consider that such fee is payable in respect of any registration, certification, licensing or other matter if it is required as a condition, or one of alternative conditions, of the practice of a profession.

Textual Amendments

F1 Words in S. 343(2) Table omitted (6.4.2010) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 5 para. 6 (with arts. 9, 10); S.I. 2009/1357, art. 2(3)

F2 Words in s. 343(2) substituted (31.7.2006 - see the London Gazette, issue no. 58050 dated 21.7.2006) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 1(4)-(7), Sch. 6 para. 5 (with Sch. 7) (with transitional provisions in S.I. 2006/1671)

F3 Words in section 343(2) Table substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(d); S.I. 2012/1319, art. 2(4)

F4 Words in s. 343(2) repealed (1.4.2010) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 2; S.I. 2010/708, art. 4(2)(d)

F5 Words in s. 343(2) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 11; S.I. 2010/1621, art. 2(1)

F6 Words in s. 343(2) Table substituted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 9 (which substitution is, as respects para. (n), continued (11.2.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(2)(c), Sch. 6 para. 2)

F7 Words in section 343(2) Table omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 51; S.I. 2012/1319, art. 2(4); S.I. 2012/1319, art. 2(4)

F8 Words in s. 343(2) Table added (6.4.2008) by The Income Tax (Professional Fees) Order 2008 (S.I. 2008/836), arts. 1, 2(2)

F9 Words in s. 343(2) inserted (10.5.2013) by The Income Tax (Professional Fees) Order 2013 (S.I. 2013/1126), arts. 1, 2(2)

F10 Words in s. 343(2) Table inserted (6.4.2014) by The Income Tax (Professional Fees) Order 2014 (S.I. 2014/859), arts. 1, 2(a)

F11 Words in s. 343(2) Table inserted (6.4.2014) by The Income Tax (Professional Fees) Order 2014 (S.I. 2014/859), arts. 1, 2(b)

F12 Words in s. 343(2) Table added (6.4.2008) by The Income Tax (Professional Fees) Order 2008 (S.I. 2008/836), arts. 1, 2(3)

F13 Words in s. 343(2) inserted (10.5.2013) by The Income Tax (Professional Fees) Order 2013 (S.I. 2013/1126), arts. 1, 2(3)

F14 Word in s. 343(2) Table inserted (1.4.2015) by The Income Tax (Professional Fees) Order 2015 (S.I. 2015/886), arts. 1, 2(b)

F15 Words in s. 343(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 26; S.I. 2012/924, art. 2

F16 Words in s. 343(2) Table substituted (1.4.2015) by The Income Tax (Professional Fees) Order 2015 (S.I. 2015/886), arts. 1, 2(a)

F17 Words in s. 343(2) added (6.4.2005) by The Income Tax (Professional Fees) Order 2005 (S.I. 2005/1091), arts. 1, 2

F18 Words in s. 343(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 137(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

F19 Words in s. 343(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 137(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

F20 Words in s. 343(2) added (1.7.2003) by The Income Tax (Professional Fees) Order 2003 (S.I. 2003/1652), arts. 1, 2

F21 Words in s. 343(2) added (17.5.2004) by The Income Tax (Professional Fees) Order 2004 (S.I. 2004/1360), arts. 1, 2

F22 Words in s. 343(2) Table inserted (1.12.2012) by The Income Tax (Professional Fees) Order 2012 (S.I. 2012/3004), arts. 1, 2

F23 Words in s. 343 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(2)(3)(e); S.I. 2005/1126, art. 2(2)(h)

Modifications etc. (not altering text)

C1 S. 343(2) amendment continued (11.2.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(2)(c), Sch. 6 para. 2

344 Deduction for annual subscriptions U.K.

(1) A deduction from earnings from an employment is allowed for an amount paid in respect of an annual subscription if—

(a) it is paid to a body of persons approved under this section, and

(b) the activities of the body which are directed to one or more of the objects within subsection (2) are of direct benefit to, or concern the profession practised in, the performance of the duties of the employment.

(2) The objects are—

(a) the advancement or dissemination of knowledge (whether generally or among persons belonging to the same or similar professions or occupying the same or similar positions),

(b) the maintenance or improvement of standards of conduct and competence among the members of a profession,

(c) the provision of indemnity or protection to members of a profession against claims in respect of liabilities incurred by them in the exercise of their profession.

(3) [F24 An officer of Revenue and Customs] may approve a body of persons under this section if, on an application by the body, [F25 the officer] [F26 is satisfied] that—

(a) the body is not of a mainly local character,

(b) its activities are carried on otherwise than for profit, and

(c) its activities are wholly or mainly directed to objects within subsection (2).

(4) [F24 An officer of Revenue and Customs] must give notice to the body of their decision on the application.

(5) If the activities of the body are to a significant extent directed to objects other than objects within subsection (2), [F24 an officer of Revenue and Customs] may—

(a) determine the proportion of the activities directed to objects within subsection (2), and

(b) determine that only such corresponding part of the subscription as is specified by [F24 an officer of Revenue and Customs] is allowable under this section.

(6) In determining that part, [F24 an officer of Revenue and Customs] must have regard to the proportion of expenditure of the body attributable to objects other than objects within subsection (2) and all other relevant circumstances.

(7) If a body applies for approval under this section and is approved, a subscription paid to it—

(a) before it has applied but in the same tax year as the application, or

(b) after it has applied but before it is approved,

is treated for the purposes of this section as having been paid to an approved body.

Textual Amendments

F24 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F25 Words in s. 344(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(g); S.I. 2005/1126, art. 2(2)(h)

F26 Words in s. 344(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 112; S.I. 2005/1126, art. 2(2)(h)

345 Decisions of [F24 an officer of Revenue and Customs] under section 344 U.K.

(1) [F24 An officer of Revenue and Customs] may by notice to the body in question—

(a) withdraw an approval given under section 344, and

(b) withdraw or vary a determination made under that section,

to take account of any change in circumstances.

(2) A body aggrieved by a decision of [F24 an officer of Revenue and Customs] under section 344 or subsection (1) may appeal F27 ....

(3) The notice of appeal must be given to [F24 an officer of Revenue and Customs] within 30 days after the date on which notice of their decision was given to the body.

Textual Amendments

F24 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F27 Words in s. 345(2) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 337