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Income Tax (Earnings and Pensions) Act 2003, Section 188 is up to date with all changes known to be in force on or before 26 August 2024. 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.
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(1)If—
(a)the whole or part of an employment-related loan is released or written off in a tax year, and
(b)at the time when it is released or written off the employee holds the employment in relation to which the loan is an employment-related loan (“employment E”),
the amount released or written off is to be treated as earnings from the employment for that year.
(2)But if the employment has terminated or become an excluded employment and there was a time when—
(a)the whole or part of the loan was outstanding,
(b)the employee held the employment, and
(c)it was not an excluded employment,
subsection (1) applies as if the employment had not terminated or become an excluded employment.
(3)Where subsection (2) applies, any loan which replaces directly or indirectly the employment-related loan is to be treated as an employment-related loan in relation to employment E if—
(a)it would, if employment E had not terminated or become excluded employment, have been an employment-related loan in relation to employment E, and
(b)it is not an employment-related loan in relation to other employment.
(4)This section is subject to section 189 (exception where double charge).
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