Income Tax (Earnings and Pensions) Act 2003 Explanatory Notes

Paragraph 17

3660.Section 168(2) of ICTA applies the provisions of Chapter 2 of Part 5 of that Act only to an employment the emoluments of which fall to be assessed under Schedule E. That proviso is also imported into the rules for living accommodation by section 145(8)(b). A similar proviso is contained in section 144(5) of ICTA for vouchers and credit-tokens.

3661.The concept of an employment the emoluments of which fall to be assessed under Schedule E has been reproduced for the purposes of the benefits code in this Act as “a taxable employment under Part 2”, defined in section 66(3). In cases where it is necessary to consider whether there is a “taxable employment” before 6 April 2003, paragraph 17 of this Schedule explains how to translate this concept back into the rules in ICTA from which it derives.

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