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Income Tax (Earnings and Pensions) Act 2003, Section 371 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)A deduction is allowed from earnings which are [F2relevant taxable earnings] if—
(a)the earnings include an amount in respect of—
(i)the provision of travel facilities for a journey made by the employee’s spouse [F3, civil partner] or child, or
(ii)the reimbursement of expenses incurred by the employee on such a journey, and
(b)conditions A to C are met.
(2)The deduction is equal to the included amount.
(3)Condition A is that the employee is absent from the United Kingdom for a continuous period of at least 60 days for the purpose of performing the duties of one or more employments.
(4)Condition B is that the journey is between a place in the United Kingdom and a place outside the United Kingdom where such duties are performed.
(5)Condition C is that the employee’s spouse [F4, civil partner] or child is—
(a)accompanying the employee at the beginning of the period of absence,
(b)visiting the employee during that period, or
(c)returning to a place in the United Kingdom after so accompanying or visiting the employee.
(6)A deduction is not allowed under this section for more than two outward and two return journeys by the same person in a tax year.
(7)In this section “child” includes a stepchild and an illegitimate child, but not a person who is 18 or over at the beginning of the outward journey.
[F5(8)In this section “relevant taxable earnings” has the meaning given by section 370(6).]
Textual Amendments
F1Words in s. 371 heading inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 146(3)
F2Words in s. 371(1) substituted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 28(2)
F3Words in s. 371(1)(a)(i) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 146(2)
F4Words in s. 371(5) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 146(2)
F5S. 371(8) inserted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 28(3)
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