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Income Tax (Earnings and Pensions) Act 2003

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This is the original version (as it was originally enacted).

Calculation of cash equivalent

103Method of calculating cash equivalent

(1)The cash equivalent is calculated—

(a)under section 105 if the cost of providing the living accommodation does not exceed £75,000; and

(b)under section 106 if the cost of providing the living accommodation exceeds £75,000.

(2)Section 104 (general rule) sets out how to calculate the cost of providing living accommodation for the purpose of determining whether or not it exceeds £75,000.

(3)In this Chapter—

  • “annual value”,

  • “person involved in providing accommodation”, and

  • “the property”,

have the meaning given by sections 110 to 113, and “the taxable period” has the meaning given by section 102(2).

104General rule for calculating cost of providing accommodation

For any tax year the cost of providing living accommodation is given by the formula—

A + 1 - P

where—

  • A is any expenditure incurred in acquiring the estate or interest in the property held by a person involved in providing the accommodation,

  • I is any expenditure incurred on improvements to the property which has been incurred before the tax year in question by a person involved in providing the accommodation, and

  • P is so much of any payment or payments made by the employee to a person involved in providing the accommodation as represents—

    (a)

    reimbursement of A or I, or

    (b)

    consideration for the grant to the employee of a tenancy or sub-tenancy of the property.

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