Part 3Employment income: earnings and benefits etc. treated as earnings

Chapter 2Taxable benefits: the benefits code

General definitions for benefits code

F169BOptional remuneration arrangements: supplementary

(1)

For the purposes of the benefits code “the amount foregone”—

(a)

in relation to a benefit provided for an employee under type A arrangements means the amount of earnings mentioned in section 69A(3);

(b)

in relation to a benefit provided for an employee under type B arrangements means the amount of earnings mentioned in section 69A(4);

(c)

in relation to a benefit provided for an employee partly under type A arrangements and partly under type B arrangements, means the sum of the amounts foregone under the arrangements of each type.

(2)

Subsection (3) applies where, in order to determine the amount foregone with respect to a particular benefit mentioned in section 69A(3) or (4), it is necessary to apportion an amount of earnings to the benefit.

(3)

The apportionment is to be made on a just and reasonable basis.

(4)

In this section and section 69A references to a benefit provided for an employee include a benefit provided for a member of an employee's family or household.

(5)

In this section and section 69A—

“benefit” includes any benefit or facility, regardless of its form and the manner of providing it;

“earnings” means earnings within Chapter 1 of Part 3 (and includes a reference to amounts which would have been such earnings if the employee had received them).