- Latest available (Revised)
- Point in Time (18/04/2005)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Income Tax (Earnings and Pensions) Act 2003. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Part 2 Employment income: charge to tax
Employees resident and ordinarily resident in UK
21.Earnings for year when employee resident and ordinarily resident, but not domiciled, in UK, except chargeable overseas earnings
22.Chargeable overseas earnings for year when employee resident and ordinarily resident, but not domiciled, in UK
24.Limit on chargeable overseas earnings where duties of associated employment performed in UK
Chapter 8 Application of provisions to workers under arrangements made by intermediaries
Part 3 Employment income: earnings and benefits etc. treated as earnings
Chapter 2 Taxable benefits: the benefits code
Chapter 4 Taxable benefits: vouchers and credit-tokens
Chapter 5 Taxable benefits: living accommodation
Chapter 6 Taxable benefits: cars, vans and related benefits
Cars: appropriate percentage: first registered on or after 1st January 1998
135.Car with a CO2 emissions figure: pre-October 1999 registration
136.Car with a CO2 emissions figure: post-September 1999 registration
138.Car with a CO2 emissions figure: automatic car for a disabled employee
139.Car with a CO2 emissions figure: the appropriate percentage
140.Car without a CO2 emissions figure: the appropriate percentage
Cars: appropriate percentage: first registered before 1st January 1998
Chapter 8 Taxable benefits: notional loans in respect of acquisitions of shares
Chapter 9 Taxable benefits: disposals of shares for more than market value
Chapter 11 Taxable benefits: exclusion of lower-paid employments from parts of benefits code
Part 4 Employment income: exemptions
Chapter 2 Exemptions: mileage allowances and passenger payments
Chapter 3 Exemptions: other transport, travel and subsistence
239.Payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles
241.Incidental overnight expenses and benefits: overall exemption limit
245.Travelling and subsistence during public transport strikes
246.Transport between work and home for disabled employees: general
248.Transport home: late night working and failure of car-sharing arrangements
Chapter 6 Exemptions: non-cash vouchers and credit-tokens
Exemptions for particular non-cash vouchers and credit-tokens
Chapter 7 Exemptions: removal benefits and expenses
Chapter 8 Exemptions: special kinds of employees
Chapter 11 Miscellaneous exemptions
Part 5 Employment income: deductions allowed from earnings
Chapter 2 Deductions for employee’s expenses
Chapter 5 Deductions for earnings representing benefits or reimbursed expenses
Part 6 Employment income: income which is not earnings or share-related
Chapter 2 Benefits from non-approved pension schemes
Chapter 3 Payments and benefits on termination of employment etc.
405.Exception for certain payments exempted when received as earnings
407.Exception for payments and benefits under tax-exempt pension schemes
408.Exception for contributions to tax-exempt pension schemes
409.Exception for payments and benefits in respect of employee liabilities and indemnity insurance
410.Exception for payments and benefits in respect of employee liabilities and indemnity insurance: individual deceased
412.Exception for payments and benefits provided by foreign governments etc.
Part 7 Employment income: income and exemptions relating to securities
Chapter 3A Securities with artificially depressed market value
Chapter 3B Securities with artificially enhanced market value
Chapter 3D Securities disposed of for more than market value
Chapter 4A Shares in research institution spin-out companies
Chapter 6 Approved share incentive plans
Tax advantages connected with shares ceasing to be subject to plan
509.Modification of section 696 where charge on shares ceasing to be subject to plan
510.Payments by trustees to employer company on shares ceasing to be subject to plan
511.PAYE deductions to be made by trustees on shares ceasing to be subject to plan
513.Capital receipts: payments by trustees to employer company
514.Capital receipts: PAYE deductions to be made by trustees
Chapter 11 Supplementary provisions about employee benefit trusts
Part 8 Former employees: deductions for liabilities
Chapter 6 Approved retirement benefits schemes
Chapter 8 Approved personal pension schemes
Chapter 11 Certain overseas government pensions paid in the UK
Chapter 13 Return of surplus employee additional voluntary contributions
Chapter 14 Pre-1973 pensions paid under the Overseas Pensions Act 1973
Chapter 17 Exemptions: any taxpayer
639.Pensions in respect of death due to military or war service
640A.Lump sums provided under armed forces early departure scheme
643.Malawi, Trinidad and Tobago and Zambia government pensions
644.Pensions payable where employment ceased due to disablement
645.Social security pensions: increases in respect of children
Part 13 Supplementary provisions
SCHEDULES
Approved share incentive plans
Part 3 Eligibility of individuals
Part 8 Cash dividends and dividend shares
Part 11 Supplementary provisions
Part 9 Supplementary provisions
Part 2 General requirements for approval
Part 5 Requirements etc. relating to share options
Part 8 Supplementary provisions
Enterprise management incentives
Part 5 Requirements relating to options
Part 6 Company reorganisations
Part 8 Supplementary provisions
Part 1 Income and Corporation Taxes Act 1988
3.In section 4(1) (construction of references in Income Tax Acts...
4.In section 9(3) (computation of income for corporation tax: application...
9.In section 65(2) (Cases IV and V assessments: general) omit...
10.After section 68 insert— Share incentive plans: application of section...
11.(1) Amend section 84A (costs of establishing share option or...
12.After section 85A insert— Approved share incentive plans Schedule 4AA (which provides for deductions relating to approved share...
13.(1) Amend section 86A (charitable donations: contributions to agent’s expenses)...
14.Omit sections 131 to 134 (miscellaneous provisions relating to the...
15.Omit sections 135 to 137 (provisions relating to gains by...
16.(1) Amend section 138 (share acquisitions by directors and employees)...
17.Omit section 140 (further interpretation of sections 135 to 139)....
18.Omit sections 140A to 140H (further provisions relating to share...
22.Omit sections 148 to 151A (payments on retirement, sick pay...
23.For the sidenote to section 152 (notification of amount taxable...
26.(1) Amend section 186 (approved profit sharing schemes) as follows....
27.In section 187 (interpretation of sections 185 and 186 and...
28.Omit the following provisions (which give relief from income tax...
29.Omit sections 202A and 202B (assessment on receipts basis).
33.Omit section 207 (disputes as to domicile or ordinary residence)....
34.After section 251 insert— Approved share incentive plans Application of...
35.In section 257C(2A) (indexation of amounts in sections 257 and...
36.After section 266 insert— Life assurance premiums paid by employer...
37.In section 306(7) (claims) for “regulations made under section 203”...
38.In section 307(6)(a)(i) (withdrawal of relief) for “regulations under section...
39.Omit section 313 (taxation of consideration for certain restrictive undertakings)....
40.In section 314(1) (divers and diving supervisors) for the words...
41.Omit sections 315 to 318 (pensions etc. paid in respect...
42.Omit section 319 (crown servants: foreign service allowance).
44.(1) Amend section 322 (consular officers and employees) as follows....
46.Omit section 330 (compensation for National-Socialist persecution).
47.(1) Amend section 332 (expenditure and houses of ministers of...
48.(1) Amend section 336 (temporary residents in the United Kingdom)...
49.In section 347A(5) (annual payments: general rule) for “, 68(1)(b)...
50.(1) Amend section 348 (payments out of profits or gains...
52.In section 376(2) (qualifying borrowers and qualifying lenders) for the...
53.In section 391(2) (losses from trade etc. carried on abroad)...
55.(1) Amend section 418 (“distribution” to include certain expenses of...
56.In section 545(1)(a) (capital redemption policies) after “Schedule D” insert...
57.In section 550(7) (relief where gain charged at a higher...
58.In section 559(1A) (sub-contractors in the construction industry) for “chargeable...
59.In section 561(6) (exceptions from section 559), for “the same...
60.In section 565(2C)(a) (conditions to be satisfied by companies), for...
61.In section 566(1) (general powers to make regulations under Chapter...
62.(1) Section 577 (business entertaining expenses) is amended as follows....
64.Omit section 580(3) (provisions supplementary to section 579(1)).
65.In section 580A(7)(b) (relief from tax on annual payments under...
66.(1) Amend section 585 (relief from tax on delayed remittances)...
67.(1) Amend section 588 (training courses for employees) as follows....
69.(1) Section 589A (counselling services for employees) is amended as...
70.(1) Section 589B (qualifying counselling services etc.) is amended as...
71.In section 591D (provisions supplementary to section 591C) omit subsection...
73.In section 594(1) (exempt statutory schemes)— (a) for the words...
74.Omit sections 595 and 596 (payments by employer to retirement...
75.Omit sections 596A to 596C (benefits under non-approved retirement benefits...
77.In section 599A (charge to tax: payments out of surplus...
78.Omit section 600 (charge to tax: unauthorised payments to or...
79.(1) Amend section 606 (default of administrator of retirement benefits...
80.(1) Amend section 607 (marine pilots: pilots' benefit fund) as...
82.In section 612(1) (interpretation etc. of Chapter) in the definition...
83.In section 613 (Parliamentary pension funds) omit subsections (1) to...
84.In section 614(3) (exemptions and reliefs in respect of income...
85.In section 615 (exemption from tax in respect of certain...
87.(1) Amend section 617 (social security benefits and contributions) as...
89.In section 624(2) (sponsored superannuation schemes and controlling directors) for...
90.(1) Amend section 638 (other restrictions on approval of a...
91.(1) Section 643 (employer’s contributions and personal pension income etc.)...
92.(1) Amend section 644 (meaning of “relevant earnings”) as follows....
93.(1) Amend section 645 (earnings from pensionable employment) as follows....
94.In section 646(2) (meaning of “net relevant earnings”) for paragraph...
95.(1) Amend section 646A (earnings from associated employments) as follows....
96.Omit sections 647 to 648A (personal pensions: unauthorised payments, contributions...
97.In section 657(2)(f)(i) (purchased life annuities to which section 656...
98.In section 658A(1) (charges and assessments on administrators) after “this...
99.(1) Amend section 659B (definition of insurance company) as follows....
100.After section 686A insert— Share incentive plans: distributions in respect...
101.In section 779(13)(e) (sale and lease-back: limitation on tax reliefs),...
102.In section 781(4)(d) (assets leased to traders and others), for...
103.In section 794(2)(b) (requirements as to residence) for “income tax...
104.In section 824(4A) (repayment supplement: individuals and others) for “section...
105.(1) Amend section 828 (orders and regulations made by the...
106.In section 830 (territorial sea and designated areas) omit subsection...
107.In section 831(3) (interpretation of ICTA) before the entry relating...
108.(1) Amend section 833 (interpretation of Income Tax Acts) as...
109.After Schedule 4 insert— SCHEDULE 4AA Share incentive plans: corporation...
110.Omit Schedules 6 and 6A (taxation of directors and others:...
111.Omit Schedules 7 and 7A (taxation of benefit of loans)....
112.(1) Amend Schedule 9 (approved share option schemes and profit...
113.(1) Amend Schedule 10 (further provisions relating to profit sharing...
114.Omit Schedule 11 (payments and other benefits in connection with...
118.Omit Schedule 12A (ordinary commuting and private travel).
119.In Schedule 14 (modification of section 266 in certain cases),...
120.(1) Amend paragraph 2 of Schedule 15A (contractual savings schemes)...
121.(1) Amend paragraph 5B of Schedule 18 (group relief: equity...
Taxes Management Act 1970 (c. 9)
124.In section 7(4) and (5) (notice of liability to income...
125.(1) Amend section 9 (returns to include self-assessment) as follows....
126.(1) Amend section 15 (return of employee’s emoluments etc.) as...
127.For section 16A substitute— Agency workers (1) This section applies where— (a) any services which an...
128.In section 42(3) (procedure for making claims etc.) for “section...
129.In section 46B(5) (questions as to the application of provisions...
131.(1) Amend section 59B (payment of income tax and capital...
133.In section 63(3)(a) (recovery of tax in Scotland) for “section...
134.In section 64(1A)(a) (priority of claim for tax in Scotland)—...
136.In section 91(3)(c) (effect on interest of reliefs) for “section...
137.(1) Amend the Table in section 98 (special returns, etc.)...
138.In section 98A(1) (special penalties in the case of certain...
139.In section 118 (interpretation) after the entry relating to “inspector”...
140.In section 119(4) (construction of the Act) after “1992 Act”...
141.In paragraph 4(1A) of Schedule 1A (claims etc. not included...
142.In paragraph 3 of Schedule 3 (rules for assigning proceedings...
143.In Schedule 3A (electronic lodgement of tax returns etc.) in...
157.For section 43 substitute— Schedule D: computation (1) In calculating profits or gains of a trade to...
158.For section 44 substitute— Investment and insurance companies: computation (1) In calculating the profits of an investment company for...
159.In section 53(2)(f) (amendments consequential on the substitution of a...
160.(1) Amend section 69 (chargeable events in relation to employee...
161.(1) Amend section 76 (non-approved retirement benefits schemes) as follows....
163.(1) Amend Schedule 5 (employee share ownership trusts) as follows....
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
Social Security Contributions and Benefits Act 1992 (c. 4)
169.The Social Security Contributions and Benefits Act 1992 is amended...
170.In section 1 (outline of contributory system), in subsection (2)(bb)...
171.In section 2 (categories of earners), in subsection (1)(a) for...
172.(1) Amend section 4 (payments treated as remuneration and earnings)...
173.In section 7(1)(b) (meaning of “secondary contributor”) for “emoluments” in...
174.(1) Amend section 10 (Class 1A National Insurance contributions: benefits...
175.(1) Amend section 10ZA (liability of third party provider of...
176.(1) Amend section 10ZB (non-cash vouchers provided by third parties)...
177.(1) Amend section 10A (Class 1B National Insurance contributions) as...
178.(1) Amend section 122(1) (interpretation of Parts 1 to 6...
179.In section 126(5)(a)(ii) (trade disputes) for “emoluments in pursuance of...
180.(1) Amend section 150(2) (interpretation of Part 10) as follows....
181.In section 163(1) (interpretation of Part 11), in paragraph (a)...
182.In section 171(1) (interpretation of Part 12), in paragraph (a)...
183.In section 171ZJ(2)(a) (Part 12ZA: supplementary) for “emoluments chargeable to...
184.In section 171ZS(2)(a) (Part 12ZB: supplementary) for “emoluments chargeable to...
185.In Schedule 1 (supplementary provisions relating to contributions of Classes...
Social Security Administration Act 1992 (c. 5)
186.The Social Security Administration Act 1992 is amended as follows....
187.(1) Amend section 139(11) (definitions used in provisions relating to...
188.(1) Amend section 159B(6) (effect of alterations affecting state pension...
189.(1) Amend section 162(5) (destination of national insurance contributions) as...
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
190.The Social Security Contributions and Benefits (Northern Ireland) Act 1992...
191.In section 1 (outline of contributory system), in subsection (2)(bb)...
192.In section 2 (categories of earners), in subsection (1)(a) for...
193.(1) Amend section 4 (payments treated as remuneration and earnings)...
194.In section 7(1)(b) (meaning of “secondary contributor”) for “emoluments” in...
195.(1) Amend section 10 (Class 1A National Insurance contributions: benefits...
196.(1) Amend section 10ZA (liability of third party provider of...
197.(1) Amend section 10ZB (non-cash vouchers provided by third parties)...
198.(1) Amend section 10A (Class 1B National Insurance contributions) as...
199.(1) Amend section 121(1) (interpretation of Parts 1 to 6...
200.In section 125(5)(a)(ii) (trade disputes) for “emoluments in pursuance of...
201.(1) Amend section 146(2) (interpretation of Part 10) as follows....
202.In section 159(1) (interpretation of Part 11), in paragraph (a)...
203.In section 167(1) (interpretation of Part 12), in paragraph (a)...
204.In Schedule 1 (supplementary provisions relating to contributions of Classes...
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Taxation of Chargeable Gains Act 1992 (c. 12)
207.The Taxation of Chargeable Gains Act 1992 is amended as...
208.In section 9(2) (residence, including temporary residence)—
209.In section 11(1) (visiting forces, agents-general etc.)—
210.(1) Amend section 120 (increased expenditure by reference to tax...
211.(1) Amend section 149B (employee incentive schemes: conditional interests in...
212.After section 149B insert— Priority share allocations Section 17(1) shall not apply to an acquisition of shares...
213.In section 222(8D)(b) (relief on disposal of private residence), for...
214.In section 236A (employee share ownership plans), and in the...
215.In section 238(2)(a) (approved profit sharing and share option schemes),...
216.After section 238 insert— Approved share schemes and share incentives...
217.After section 263 insert— Former employees: employment-related liabilities (1) This section applies if— (a) a deduction of the...
218.In section 271 (other miscellaneous exemptions), for subsection (1)(c) substitute—...
220.(1) Amend Schedule 7C (relief for transfers to approved share...
221.After Schedule 7C insert— SCHEDULE 7D Approved share schemes and...
Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))
Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))
Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14))
Capital Allowances Act 2001 (c. 2)
248.(1) Amend section 20 (employments and offices) as follows.
249.In section 61(2) (disposal events and disposal values), in entry...
250.In section 63(1) (cases in which disposal value is nil)...
251.In section 72(3) (disposal values), in entry 2(b) of the...
252.In section 88(c) (sales at under-value) for “Schedule E” substitute...
253.In section 262 (employments and offices)— (a) in paragraph (a)...
254.In section 423(1) (disposal value for sections 421 and 422),...
Social Security Contributions (Share Options) Act 2001 (c. 20)
State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))
Part 2 Employment income: charge to tax
Part 3 Employment income: earnings and benefits etc. treated as earning
Part 4 Employment income: exemptions
Part 6 Employment income: income which is not earnings or related to securities
Part 7 Employment income: income related to securities
Enterprise management incentives
77.(1) This paragraph applies where, immediately before 6th April 2003,...
78.(1) In section 535 (disqualifying events relating to employee), subsections...
79.(1) Section 536 (other disqualifying events) has effect in relation...
80.(1) Section 537 (alteration of share capital for purposes of...
81.In a case where the qualifying option was granted before...
82.(1) This paragraph relates to the operation of section 541(2)...
83.In Schedule 5 (enterprise management incentives), paragraph 41(6) (like other...
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: