Income and Corporation Taxes Act 1988

Valid from 29/04/1996

[F1146A Priority of rules applying to living accommodation.U.K.

(1)This section applies where, within the meaning of section 145, living accommodation is provided in any period for any person by reason of his employment.

(2)The question whether the employee is to be treated under section 145 or 146 as in receipt of emoluments in respect of the provision of the accommodation shall be determined before any other question whether there is an amount falling to be treated in respect of the provision of that accommodation as emoluments.

(3)Tax under Schedule E in respect of the provision of the accommodation shall be chargeable on the employee otherwise than in pursuance of sections 145 and 146 to the extent only that the amount on which it is chargeable by virtue of those sections is exceeded by the amount on which it would be chargeable apart from those sections.]

Textual Amendments

F1S. 146A inserted (with application in accordance with s. 106(3) of the amending Act) by Finance Act 1996 (c. 8), s. 106(2)