Part 6Employment income: income which is not earnings or share-related

Chapter 2Benefits from non-approved pension schemes

Benefits treated as employment income

394Charge on benefit to which this Chapter applies

1

If a benefit to which this Chapter applies is received by an individual, the amount of the benefit counts as employment income of the individual for the relevant tax year.

2

If a benefit to which this Chapter applies is received by a person who is not an individual, the administrator of the scheme under which the benefit is provided is chargeable to tax under Case VI of Schedule D on the amount of the benefit for the relevant tax year.

3

In subsections (1) and (2) the “relevant tax year” is the tax year in which the benefit is received.

4

For the purposes of subsection (2), the rate of tax is 40% or such other rate as may for the time being be specified by the Treasury by order.

5

No liability to income tax arises by virtue of any other provision of this Act in respect of a benefit to which this Chapter applies.