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

Chapter 3Payments and benefits on termination of employment etc.

Preliminary

402Meaning of “benefit”

1

In this Chapter “benefit” includes anything in respect of which, were it received for performance of the duties of the employment, an amount—

a

would be taxable earnings from the employment, or

b

would be such earnings apart from an earnings-only exemption.

This is subject to subsections (2) to (4).

2

In this Chapter “benefit” does not include a benefit received in connection with the termination of a person’s employment that is a benefit which, were it received for performance of the duties of the employment, would fall within—

a

section 239(4) (exemption of benefits connected with taxable cars and vans and exempt heavy goods vehicles), so far as that section applies to a benefit connected with a car or van,

b

section 269 (exemption where benefits or money obtained in connection with taxable car or van or exempt heavy goods vehicle),

c

section 319 (mobile telephones), or

d

section 320 (limited exemption for computer equipment).

3

In this Chapter “benefit” does not include a benefit received in connection with any change in the duties of, or earnings from, a person’s employment to the extent that it is a benefit which, were it received for performance of the duties of the employment, would fall within section 271(1) (limited exemption of removal benefits and expenses).

4

The right to receive a payment or benefit is not itself a benefit for the purposes of this Chapter.