Exemption or deduction for travel expenses2

1

In Part 4 of ITEPA 20032 (employment income: exemptions), in Chapter 3 (other transport, travel and subsistence), after section 241 insert—

241ATravel by unpaid directors of not-for-profit companies

1

No liability to income tax arises in respect of a sum if or to the extent that it is paid wholly and exclusively for the purpose of paying or reimbursing travel expenses in respect of which conditions A to C are met.

2

Condition A is that—

a

the employee is obliged to incur the expenses as holder of the employment, and

b

the expenses are attributable to the employee’s necessary attendance at any place in the performance of the duties of the employment.

3

Condition B is that the employment is employment as a director of a not-for-profit company.

4

Condition C is that the employment is one from which the employee receives no employment income other than sums to which Chapter 3 of Part 3 applies (expenses payments).

5

In this section—

a

“director” has the same meaning as in the benefits code (see section 67), and

b

“not-for-profit company” means a company that does not carry on activities for the purpose of making profits for distribution to its members or others.

241BTravel where directorship held as part of trade or profession

1

No liability to income tax arises in respect of a sum if or to the extent that it is paid wholly and exclusively for the purpose of paying or reimbursing travel expenses in respect of which conditions A to D are met.

2

Condition A is that the employee is obliged to incur the expenses as holder of the employment.

3

Condition B is that the employment is employment as a director of a company.

4

Condition C is that the employee carries on a trade, profession or vocation (alone or in partnership).

5

Condition D is that, in calculating the profits of that trade, profession or vocation for income tax purposes, a deduction is allowed under ITTOIA 20053 for the expenses, but no such deduction is to be made.

6

In this section “director” has the same meaning as in the benefits code (see section 67).

2

In Part 5 of ITEPA 2003 (employment income: deductions allowed from earnings), in Chapter 2 (deductions for employee’s expenses), after section 340 insert—

340ATravel between linked employments

1

A deduction from earnings from an employment is allowed for travel expenses if conditions A to E are met.

2

Condition A is that the employee is obliged to incur and pay the expenses.

3

Condition B is that the travel—

a

takes place within the United Kingdom, and

b

is for the purpose of performing duties of the employment at the destination.

4

Condition C is that the employee has performed duties of another employment at the place of departure.

5

Condition D is that—

a

at least one of the employments is as a director of a company (“company X”), and

b

the other employment is also with a company (“company Y”) but not necessarily as a director of it.

6

Condition E is that the employee was appointed as a director of company X because company Y, or a company in the same group as company Y, has a shareholding or other financial interest in company X.

7

This section needs to be read with section 359 (disallowance of travel expenses: mileage allowances and reliefs).

8

In this section—

  • “director” has the same meaning as in the benefits code (see section 67), and

  • “group” means a company and its 51% subsidiaries.