SCHEDULE 3 PAYMENTS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS FOR THE PURPOSES OF EARNINGS-RELATED CONTRIBUTIONS
PART VIII TRAVELLING, RELOCATION AND OTHER EXPENSES AND ALLOWANCES OF THE EMPLOYMENT
Travelling, relocation and incidental expenses disregarded1
The travelling, relocation and other expenses and allowances mentioned in this Part are disregarded in the calculation of an employed earner’s earnings.
F511A
For the purposes of this paragraph none of the following amounts are to be disregarded in the calculation of an employed earner’s earnings—
a
any amount paid or reimbursed pursuant to relevant salary sacrifice arrangements as provided for in section 289A(5);
b
any amount paid or reimbursed to an employed earner which falls within regulation 22(13); and
c
any amount paid to an employed earner in respect of anticipated expenses that have yet to be incurred (whether or not such expenses are actually incurred after the payment is made).
Relocation expenses2
1
A payment of, or contribution towards, expenses reasonably incurred by a person in relation to a change of residence in connection with the commencement of, or an alteration in the duties of the person’s employment or the place where those duties are normally to be performed is disregarded if the conditions in sub-paragraphs (2) to (6) are met.
2
The first condition is that—
a
the payment or contribution—
F6i
is not, by virtue of section 271 of ITEPA 2003 (limited exemption of removal benefits and expenses) liable to income tax as general earnings under that Act; or
F46b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The second condition is that the change of residence must result from—
a
the employee becoming employed by an employer;
b
an alteration of the duties of the employee’s employment (where his employer remains the same); or
c
an alteration of the place where the employee is normally to perform the duties of his employment (where both the employer and the duties which the employee is to perform remains the same).
4
The third condition is that the change of residence must be made wholly or mainly to allow the employee to have his residence within a reasonable daily travelling distance of—
a
the place where he performs, or is to perform, the duties of his employment (in a case falling within paragraph (3)(a);
b
the place where he performs, or is to perform, the duties of his employment (in a case falling within paragraph (3)(b); or
c
the new place where he performs, or is to perform, the duties of his employment (in a case falling within paragraph (3)(c).
References in this sub-paragraph and sub-paragraph (5) to the place where the employee performs, or is to perform, the duties of his employment are references to the place where he normally performs, or is normally to perform, the duties of the employment.
5
The fourth condition is that the employee’s former residence must not be within a reasonable daily travelling distance of the place where the employee performs or is to perform the duties of the employment.
F476
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87
For the purposes of this paragraph, Chapter 7 of Part 4 of ITEPA 2003 shall be read as if sections 272 (1)(b), 272 (3)(b), 274 and 287 were omitted
Travelling expenses—general3
A payment of, or a contribution towards, F33travel expenses which the holder of an office or employment is obliged to incur and F34pay as the holder of that office or employment F55but this paragraph is subject to paragraph 1A.
For the purposes of this paragraph—
F57za
“ordinary commuting” means travel between—
i
the employee’s home and a permanent workplace; or
ii
a place that is not a workplace and a permanent workplace;
zb
“private travel” means travel between—
i
the employee’s home and a place that is not a workplace; or
ii
two places neither of which is a workplace;
F56a
“travel expenses” means amounts necessarily expended on travelling in the performance of the duties of the office or employment or other expenses of travelling which are attributable to the necessary attendance at any place of the holder of the office or employment in the performance of the duties of the office or employment and are not expenses of—
i
ordinary commuting;
ii
travel between any two places that is for practical purposes substantially ordinary commuting;
iii
travel between any two places that is for practical purposes substantially private travel; or
iv
private travel.
F58b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
expenses of travel by the holder of an office or employment between two places at which he performs the duties of different offices or employments under or with companies in the same group are treated as necessarily expended in the performance of the duties which he is to perform at his destination; and
d
for purpose of sub-paragraph (c) companies are to be taken to be members of the same group if and only if—
i
one is a 51 per cent subsidiary of the other; or
ii
both are 51 per cent subsidiaries of a third company
within the meaning of section 838(1)(a) of the Taxes Act (subsidiaries).
F52Meaning of “workplace” and “permanent workplace”3ZA
1
For the purposes of paragraph 3—
a
“workplace”, in relation to an employment, means a place at which the employee’s attendance is necessary in the performance of the duties of the employment,
b
“permanent workplace”, in relation to an employment, means a place which—
i
the employee regularly attends in the performance of the duties of the employment, and
ii
is not a temporary workplace.
This is subject to sub-paragraphs (3) to (7).
2
In sub-paragraph (1)(b) “temporary workplace”, in relation to an employment, means a place which the employee attends in the performance of the duties of the employment—
a
for the purpose of performing a task of limited duration, or
b
for some other temporary purpose.
This is subject to sub-paragraphs (3) and (4).
3
A place which the employee regularly attends in the performance of the duties of the employment is treated as a permanent workplace and not a temporary workplace if—
a
it forms the base from which those duties are performed, or
b
the tasks to be carried out in the performance of those duties are allocated there.
4
A place is not regarded as a temporary workplace if the employee’s attendance is—
a
in the course of a period of continuous work at that place—
i
lasting more than 24 months, or
ii
comprising all or almost all of the period for which the employee is likely to hold the employment, or
b
at a time when it is reasonable to assume that it will be in the course of such a period.
5
For the purposes of sub-paragraph (4), a period is a period of continuous work at a place if over the period the duties of the employment are performed to a significant extent at the place.
6
An actual or contemplated modification of the place at which duties are performed is to be disregarded for the purpose of sub-paragraphs (4) and (5) if it does not, or would not, have any substantial effect on the employee’s journey, or expenses of travelling, to and from the place where they are performed.
7
An employee is treated as having a permanent workplace consisting of an area if—
a
the duties of the employment are defined by reference to an area (whether or not they also require attendance at places outside it),
b
in the performance of those duties the employee attends different places within the area,
c
none of the places the employee attends in the performance of those duties is a permanent workplace, and
d
the area would be a permanent workplace if sub-paragraphs (1)(b), (2), (4), (5) and (6) referred to the area where they refer to a place.
F52Travel for necessary attendance: employment intermediaries3ZB
1
This paragraph applies where an individual (“the worker”)—
a
personally provides services (which are not excluded services) to another person (“the client”), and
b
the services are provided not under a contract directly between the client or a person connected with the client and the worker but under arrangements involving an employment intermediary.
This is subject to the following provisions of this paragraph.
2
Where this paragraph applies, each engagement is for the purposes of paragraphs 3 and 3ZA to be regarded as a separate employment.
3
This paragraph does not apply if it is shown that the manner in which the worker provides the services is not subject to (or to the right of) supervision, direction or control by any person.
4
Sub-paragraph (3) does not apply in relation to an engagement if—
a
Chapter 8 of Part 2 of ITEPA 2003 applies in relation to the engagement,
b
the conditions in section 51, 52 or 53 of that Act are met in relation to the employment intermediary, and
c
the employment intermediary is not a managed service company.
5
This paragraph does not apply in relation to an engagement if—
a
Chapter 8 of Part 2 of ITEPA 2003 does not apply in relation to the engagement merely because the circumstances in section 49(1)(c) of ITEPA 2003 are not met,
b
assuming those circumstances were met, the conditions in section 51, 52 or 53 of that Act would be met in relation to the employment intermediary, and
c
the employment intermediary is not a managed service company.
6
In determining for the purposes of sub-paragraphs (4) to (5) whether the conditions in section 51, 52 or 53 of ITEPA 2003 are or would be met in relation to the employment intermediary—
F69a
in section 51(1) of that Act—
i
disregard “either” in the opening words, and
ii
disregard paragraph (b) (and the preceding “or”), and
b
read references to the intermediary as references to the employment intermediary.
F706A
Sub-paragraph (6B) applies if—
a
the client or a relevant person provides the employment intermediary (whether before or after the worker begins to provide the services) with a fraudulent document which is intended to constitute evidence that, by virtue of sub-paragraph (3), this paragraph does not or will not apply in relation to the services,
b
that paragraph is taken not to apply in relation to the services, and
c
in consequence, the employment intermediary does not under these Regulations deduct and account for an amount that would have been deducted and accounted for if this paragraph had been taken to apply in relation to the services.
6B
For the purpose of recovering the amount referred to in sub-paragraph (6A)(c) (“the unpaid contributions”)—
a
the worker is to be treated as having an employment with the client or relevant person who provided the document, the duties of which consist of the services, and
b
the client or relevant person is under these Regulations to account for the unpaid contributions as if they arose in respect of earnings from that employment.
6C
In sub-paragraphs (6A) and (6B) “relevant person” means a person, other than the client, the worker or a person connected with the employment intermediary, who—
a
is resident, or has a place of business, in the United Kingdom, and
b
is party to a contract with the employment intermediary or a person connected with the employment intermediary under or in consequence of which—
i
the services are provided, or
ii
the employment intermediary, or a person connected with the employment intermediary makes payments in respect of the services.
F716D
Sub-paragraph (3) does not apply in relation to an engagement if—
a
regulations 14 to 18 of the Social Security Contributions (Intermediaries) Regulations 2000 apply in relation to the engagement,
b
one of conditions A to C in regulation 14 of those Regulations is met in relation to the employment intermediary, and
c
the employment intermediary is not a managed service company.
6E
This paragraph does not apply in relation to an engagement if—
a
regulations 14 to 18 of the Social Security Contributions (Intermediaries) Regulations 2000 do not apply in relation to the engagement because the circumstances in regulation 13(1)(d) of those Regulations are not met,
b
assuming those circumstances were met, one of conditions A to C in regulation 14 of those regulations would be met in relation to the employment intermediary, and
c
the employment intermediary is not a managed service company.
6F
In determining for the purposes of sub-paragraph (6D) or (6E) whether one of conditions A to C in regulation 14 is or would be met in relation to the employment intermediary, read references to the intermediary as references to the employment intermediary.
7
In determining whether this paragraph applies, no regard is to be had to any arrangements the main purpose, or one of the main purposes, of which is to secure that this paragraph does not to any extent apply.
8
In this paragraph—
“arrangements” includes any such scheme, transaction or series of transactions, agreement or understanding, whether or not enforceable, and any associated operations;
“employment intermediary” means a person, other than the worker or the client, who carries on a business (whether or not with a view to profit and whether or not in conjunction with any other business) of supplying labour;
“engagement” means any such provision of services as is mentioned in sub-paragraph (1)(a);
“excluded services” means services provided wholly in the client’s home;
“managed service company” means a company which—
- a
is a managed service company within the meaning given by section 61B of ITEPA 2003, or
- b
would be such a company disregarding subsection (1)(c) of that section.
- a
F49Travel by unpaid directors of not-for-profit companies3A
1
A payment of, or contribution towards, the expenses of the earner’s employment if or to the extent that payment or contribution is paid wholly and exclusively for the purposes of paying or reimbursing travel expenses in respect of which conditions A to C are met.
2
Condition A is that —
a
the earner is obliged to incur the expenses as holder of the employment, and
b
the expenses are attributable to the earner’s necessary attendance at any place in the performance of the duties of the employment.
3
Condition B is that the employment is employment as a director of a not-for-profit company.
4
Condition C is that the employment is one from which the earner receives no earnings other than sums—
a
paid to the earner in respect of expenses, and
b
which are so paid by reason of the employment.
5
In this paragraph—
a
“director” has the same meaning as in the benefits code (see section 67 of ITEPA 2003), and
b
“not-for-profit company” means a company that does not carry on activities for the purpose of making profits for distribution to its members or others.
Travel where directorship held as part of a trade or profession3B
A payment of, or contribution towards, the expenses of the earner’s employment to the extent that those expenses are travel expenses which are exempt from income tax in accordance with section 241B of ITEPA 2003 (travel where directorship held as part of a trade or profession).
Travel between linked employments3C
A payment of, or contribution towards, the expenses of the earner’s employment to the extent that those expenses are travel expenses deductible for income tax purposes in accordance with section 340A of ITEPA 2003 (travel between linked employments).
F59This paragraph is subject to paragraph 1A.
F5Travel at start or finish of overseas employment4
A payment of, or a contribution towards, the expenses of the earner’s employment to the extent that those expenses—
a
are deductible for income tax purposes in accordance with section 341 of ITEPA 2003 (travel at start or finish of overseas employment); or
b
would be so deductible if—
i
Conditions B and C were omitted from that section; and
ii
the earnings of the employment were subject to income tax as employment income under that Act.
F61This paragraph is subject to paragraph 1A.
Travel between employments where duties performed abroad4A
A payment of, or a contribution towards, the expenses of the earner’s employment to the extent that those expenses—
a
are deductible for income tax purposes in accordance with section 342 of ITEPA 2003 (travel between employments where duties performed abroad), or
b
would be so deductible if—
i
Conditions E and F were omitted from that section; and
ii
the earnings of the employment were subject to income tax as employment income under that Act.
F60This paragraph is subject to paragraph 1A.
Travel costs and expenses where duties performed abroad: earner’s travel4B
1
So much of an employed earner’s earnings as equals the amount in sub-paragraph (2).
2
The amount in this sub-paragraph is—
a
the included amount within the meaning of section 370 of ITEPA 2003 (travel costs and expenses where duties performed abroad: employee’s travel); or
b
the amount which would be the included amount within the meaning of that section if the earner were resident and ordinarily resident in the United Kingdom.
F63This paragraph is subject to paragraph 1A.
Travel costs and expenses where duties performed abroad: visiting spouse’sF37, civil partner's or child’s travel4C
1
So much of an employed earner’s earnings as equals the amount in sub-paragraph (2).
2
The amount in this sub-paragraph is—
a
the included amount within the meaning of section 371 of ITEPA 2003 (travel costs and expenses where duties performed abroad: visiting spouse’sF38, civil partner's or child’s travel); or
b
the amount which would be the included amount within the meaning of that section if the earner were resident and ordinarily resident in the United Kingdom.
F65This paragraph is subject to paragraph 1A.
Foreign accommodation and subsistence costs and expenses (overseas employments)4D
So much of an employed earner’s earnings as equals the amount of the deduction—
a
permitted for income tax purposes under section 376 of ITEPA 2003 (foreign accommodation and subsistence costs and expenses (overseas employments)); or
b
which would be so permitted if the earnings of the employment were subject to tax as employment income under ITEPA 2003.
F64This paragraph is subject to paragraph 1A.
F36Travel costs and expenses of non-domiciled employee or the employee’s spouse, civil partner or child where duties performed in the United Kingdom5
So much of an employed earner’s earnings as equals the aggregate amount of the deductions—
a
permitted for income tax purposes under sections 373 and 374 of ITEPA 2003 (travel costs and expenses of a non-domiciled employee or the employee’s spouseF39, civil partner or child where duties are performed in the United Kingdom ); or
b
which would be so permitted if the earnings of the employment were subject to tax as employment income under ITEPA 2003.
F62This paragraph is subject to paragraph 1A.
Travelling expenses of workers on offshore gas and oil rigs6
A payment of, or a contribution towards, expenses where that payment or contribution is disregarded for the purposes of calculating the emoluments F35general earnings under section 305 of ITEPA 2003 (offshore oil and gas workers: mainland transfers).
F9Payments connected with cars and vans and exempt heavy goods vehicles provided for private use7
F721
A payment—
a
by way of the discharge of any liability which by virtue of F10section 239(1) of ITEPA 2003 (payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles); or
b
of expenses, which by virtue of F11section 239(2) of that Act;
is not treated as F12general earnings of the employment chargeable to income taxF13....
F742
Sub-paragraph (1) does not apply so far as the payment is made pursuant to optional remuneration arrangements.
F1Qualifying amounts of relevant motoring expenditure7A
F721
To the extent that it would otherwise be earnings, the qualifying amount calculated in accordance with regulation 22A(4).
F732
Sub-paragraph (1) does not apply so far as the payment of relevant motoring expenditure within the meaning of regulation 22A(3) is made pursuant to optional remuneration arrangements.
Qualifying amounts of mileage allowance payment in respect of cycles7B
1
To the extent that it would otherwise be earnings, the qualifying amount of a mileage allowance payment in respect of a cycle.
2
The qualifying amount is that which would be produced by the formula in regulation 22A(4) if the value for R were the rate for the time being approved under F14section 230(2) of ITEPA 2003 in respect of a cycle.
3
In this paragraph—
“cycle” has the meaning given in section 192(1) of the Road Traffic Act 1988; and
“mileage allowance payment” has the meaning given in F15section 229(2) of ITEPA 2003.
Qualifying amounts of passenger payment7C
1
To the extent that it would otherwise be earnings, the qualifying amount of a passenger payment.
2
The qualifying amount is that which would be produced by the formula in regulation 22A(4) if—
a
references to business travel were to business travel for which the employee F16receives passenger payments within the meaning of section 233(3) of ITEPA 2003; and
b
the value for R were the rate for the time being approved for a passenger payment under F17section 234 of ITEPA 2003.
3
F20Car fuel7D
1
A payment by way of the provision of car fuel which is chargeable to income tax under section 149 of ITEPA 2003.
F40Van fuel7E
A payment by way of the provision of van fuel which is chargeable to income tax under section 160 of ITEPA 2003.
Car parking facilities8
F53Amounts exempted from income tax under section 289A of ITEPA 20038A
Any amount which is exempted from income tax under section 289A of ITEPA 2003.
Specific and distinct payments of, or towards, expenses actually incurred9
F21
F752
Sub-paragraph (1) does not authorise the disregard of any amount by way of relevant motoring expenditure, within the meaning of paragraph (3) of regulation 22A—
a
in excess of that permitted by the formula in paragraph (4) of that regulation; or
b
so far as it is paid pursuant to optional remuneration arrangements.
F663
Sub-paragraph (1) does not authorise the disregard of any amount which—
a
falls within paragraphs (12) or (13) of regulation 22; or
b
is paid to an employed earner in respect of anticipated expenses that have yet to be incurred (whether or not such expenses are actually incurred after the payment is made).
F23council tax or water or sewerage charges on accommodation provided for employee’s use
10
A payment of, or a contribution towards meeting a person’s liability for F24council tax or water or sewerage charges in respect of accommodation occupied by him and provided for him by reason of his employment if by virtue of F26sections 99 or 100 of ITEPA 2003 (accommodation provided for performance of duties or as a result of a security threat), F25he is not liable to income taxF29... in respect of the provision of that accommodation.
This paragraph does not extend to Northern Ireland.
F30rates or water or sewerage charges on accommodation provided for employee’s use
Words in sch. 3 Pt. 8 para. 11 heading substituted for (6.4.2004) by The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 28(6)(l)
11
A payment of, or a contribution towards meeting, a person’s liability for F31rates or water or sewerage charges in respect of accommodation occupied by him and provided for him by reason of his employment if by virtue of F27sections 99 or 100 of ITEPA 2003 (accommodation provided for performance of duties or as a result of a security threat), he is not liable to income taxF28... in respect of the provision of that accommodation.
This paragraph extends only to Northern Ireland.
Foreign service allowance12
A payment by way of an allowance which is not regarded as income for any income tax purpose by virtue of F32section 299 of ITEPA 2003 (Crown employees' foreign service allowance).
F44HM Forces’ Operational Allowance12A
1
A payment of the Operational Allowance to members of the armed forces of the Crown.
2
The Operational Allowance is an allowance designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006.
F45HM Forces’ Council Tax Relief12B
1
A payment of Council Tax Relief to members of the armed forces of the Crown.
2
Council Tax Relief is a payment designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006.
F43HM Forces’ Continuity of Education Allowance12C
1
A payment of the Continuity of Education Allowance to or in respect of members of the armed forces of the Crown.
2
The Continuity of Education Allowance is an allowance designated as such under a Royal Warrant made under section 333 of the Armed Forces Act 2006.
Commonwealth War Graves Commission and British Council: extra cost of living allowance13
A payment by way of an allowance to a person in the service of the Commonwealth War Graves Commission or the British Council paid with a view to compensating him for the extra cost of living outside the United Kingdom in order to perform the duties of his employment.
Overseas medical treatment
14
A payment of, or a contribution towards, expenses incurred in—
a
providing an employee with medical treatment outside the United Kingdom (including providing for him to be an in-patient) in a case where the need for the treatment arises while the employee is outside the United Kingdom for the purposes of performing the duties of his employment; or
b
providing insurance for the employee against the cost of such treatment in a case falling within sub-paragraph (a).
Here “medical treatment” includes all forms of treatment for, and all procedures for diagnosing, any physical or mental ailment, infirmity or defect.
F50Recommended medical treatment14A
A payment or reimbursement to which no liability to income tax arises by virtue of section 320C of ITEPA 2003 (recommended medical treatment).
F4Experts Seconded to European Commission15
A payment in respect of daily subsistence allowances paid by the European Commission to persons whose services are made available to the Commission by their employers under the detached national experts scheme which is exempt from income tax by virtue of section 304 of ITEPA 2003 (experts seconded to European Commission).
F42Experts seconded to a body of the European Union15A
A payment in respect of subsistence allowances paid—
a
by a body of the European Union that is located in the United Kingdom and listed in the table below;
b
to persons who, because of their expertise in matters relating to the subject matter of the functions of the body, are seconded to the body by their employers.
Bodies of the European Union located in the United Kingdom |
The European Medicines Agency |
The European Police College |
The European Banking Authority |
F41Expenses of MPs and other representatives16
A payment to which no liability to income tax arises by virtue of any of the following provisions of ITEPA 2003—
a
section 292 (accommodation expenses of MPs);
b
section 293 (overnight expenses of other elected representatives);
c
section 293A (UK travel and subsistence expenses of MPs);
F48ca
section 293B (UK travel expenses of other elected representatives);
d
section 294 (European travel expenses of MPs and other representatives).
F54Travel expenses of members of local authorities etc17
A payment to which no liability to income tax arises by virtue of section 295A of ITEPA 2003 (travel expenses of members of local authorities etc).
Words in sch. 3 Pt. 8 para. 10 substituted (6.4.2004) by The Social Security (Contributions, Categorisation of Earners and Intermediaries) (Amendment) Regulations 2004 (S.I. 2004/770), regs. 1(1), 28(6)(j)(i)