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Income Tax (Earnings and Pensions) Act 2003

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Changes over time for: Section 169

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Version Superseded: 26/03/2015

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Point in time view as at 03/08/2005. This version of this provision has been superseded. Help about Status

Changes to legislation:

Income Tax (Earnings and Pensions) Act 2003, Section 169 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

169Car available to more than one member of family or household employed by same employerU.K.
This section has no associated Explanatory Notes

(1)This section applies where—

(a)an employee (“E”) and a member of the employee’s family or household (“M”) are employed by the same employer, and

(b)as a result of a car being made available to M in a tax year, E would (apart from this section) be chargeable to tax in respect of the car in that year by virtue of section 120.

(2)The cash equivalent of the benefit of the car and of any fuel provided for the car by reason of E’s employment is not to be treated as E’s earnings for that year if—

(a)M is chargeable to tax in respect of the car in that year by virtue of section 120, or

(b)where M’s employment is an excluded employment, M had the benefit of the car in M’s own right as an employee and condition A or B is met.

(3)Condition A is met if equivalent cars are made available on the same terms to employees who—

(a)are in similar employment to M with the same employer, and

(b)are not members of the family or household of employees of that employer who are employed in employment which is not an excluded employment.

(4)Condition B is met if the making available of an equivalent car is in accordance with the normal commercial practice for an employment of the kind held by M.

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