Income and Corporation Taxes Act 1988

Supplemental U.K.

8 M1 Any reference in this Schedule to the emoluments of an office or employment is a reference to those emoluments exclusive of any payment chargeable to tax under section 148; and in calculating for any purpose of this Schedule the amount of such emoluments—

(a) there shall be included any balancing charge to which the holder of the office or employment is liable under [F1 Part II of the 1990 Act], and

(b) there shall be deducted any allowances under F2 . . . [F3 Part II of the 1990 Act] and any allowances for expenses under section 198 or 201, to which he is entitled,

and any such charges or allowances for a chargeable period shall, for the purpose of ascertaining the amount of the emoluments for any year of service, be treated as accruing from day to day, and shall be apportioned in respect of time accordingly.

Textual Amendments

F1 1990(C) s.164and Sch.1. para.8(39)(a).Previously

“section 33 of the 1968 Act or under Chapter I of Part III of the Finance Act 1971 (“the 1971 Act”)”.

F2 Words in Sch. 11 para. 8(b) repealed (retrospectively) by Finance Act 1994 (c. 9), Sch. 17 para. 9, Sch. 26 Pt. 5(22)

F3 1990(C) s.164and Sch.1. para.8(39)(b).Previously

“Chapter I of Part III of the 1971 Act”.

Marginal Citations

M1 Source—1970 Sch.8 14; 1971 Sch.8 16

9 M2 In this Schedule “the relevant date” means, in relation to a payment not being a payment in commutation of annual or other periodical payments, the date of the termination or change in respect of which it is made and, in relation to a payment in commutation of annual or other periodical payments, the date of the termination or change in respect of which those payments would have been made.

Marginal Citations

M2 Source—1970 Sch.8 15

10 In this Schedule, “foreign service”, in relation to an office or employment, means— M3

(a) service before the year 1974-75 such that tax was not chargeable in respect of the emoluments of the office or employment—

(i) in the case of the year 1956-57 or any subsequent chargeable period, under Case I of Schedule E;

(ii) in the case of any preceding year of assessment, under Schedule E; or

(b) service after the year 1973-74 such that the emoluments from the office or employment were not chargeable under Case I of Schedule E (or would not have been so chargeable, had there been any) or that a deduction equal to their whole amount was or would have been allowable under paragraph 1 of Schedule 2 to the Finance Act 1974, paragraph 1 of Schedule 7 to the Finance Act 1977 or section 193(1) in charging them.

Marginal Citations

M3 Source—1970 Sch.8 16; 1974 s.21(4); 1977 s.31(3)

11 Any reference in this Schedule to the amount of tax to which a person is or would be chargeable is a reference to the amount of tax to which he is or would be chargeable either by assessment or by deduction. M4

Marginal Citations

M4 Source—1970 Sch.8 17