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The Income Tax (Pay As You Earn) Regulations 2003

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This is the original version (as it was originally made).

Qualifying general earnings

106.—(1) Qualifying general earnings are those general earnings which meet conditions A and B.

(2) Condition A is that the general earnings consist of—

(a)taxable benefits provided or made available by reason of employments with the employer, or

(b)expenses paid to persons holding those employments.

(3) Condition B is that the employer and the Inland Revenue agree that the general earnings are—

(a)minor, as regards the amount of the sums paid or the type of benefit provided or made available,

(b)irregular, as regards the frequency in which, or the times at which, the sums are paid or the benefit is provided or made available,

(c)paid in circumstances where deduction of tax by reference to the tax tables is impracticable, or

(d)in the case of a benefit provided or made available, shared between employees so that apportionment of the benefit between the employees is impracticable.

(4) “Taxable benefit”, in relation to an employee, means any benefit provided or made available, other than in the form of a payment of money, to the employee or to a person who is a member of the employee’s family or household.

(5) General earnings to which regulation 112(2)(a) or (b) (pre-agreement general earnings etc) apply are not qualifying general earnings.

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