Part 4Employment income: exemptions

Chapter 3Exemptions: other transport, travel and subsistence

247Provision of cars for disabled employees

1

This section applies where a car is made available to a disabled employee without any transfer of the property in it.

2

No liability to income tax arises by virtue of Chapter 6 or 10 of Part 3 (taxable benefits: cars, vans etc. and residual liability to charge) in respect of the benefit if conditions A to C are met.

3

No liability to income tax arises in respect of—

a

the provision of fuel for the car, or

b

the payment or reimbursement of expenses incurred in connection with it,

if conditions A to C are met.

4

Condition A is that the car has been adapted for the employee’s special needs or, in the case of an employee who because of disability can only drive a car that has automatic transmission, it is such a car.

5

Condition B is that the car is made available on terms prohibiting its use otherwise than for—

a

the employee’s business travel, or

b

transport for the employee for the purpose of—

i

ordinary commuting or travel between any two places that is for practical purposes substantially ordinary commuting, or

ii

travel to a place the expenses of travelling to which would be within one of the training exemption provisions if the employer paid them.

6

Condition C is that in the tax year the car is only used in accordance with those terms.

7

In this section—

  • business travel” has the same meaning as in Chapter 6 of Part 3 (taxable benefits: cars, vans and related benefits) (see section 171(1)),

  • disabled employee” has the same meaning as in section 246 (see subsection (4)), and

  • the training exemption provisions” means—

  • section 250 (exemption of work-related training provision),

  • section 255 (exemption for contributions to individual learning account training), and

  • section 311 (retraining courses).

8

Section 138(4) (when a car has automatic transmission) applies for the purposes of this section as it applies for the purposes of section 138.