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Income Tax (Earnings and Pensions) Act 2003

Section 225: Payments for restrictive undertakings

905.This section deals with the situation where a monetary payment is made in return for the giving of a restrictive undertaking. It derives from section 313(1), (2), (3) and (6)(a) of ICTA.

906.The sum described as “ … an emolument of the office or employment … ” in section 313(1) has become “ … earnings from the employment … ” in subsection (3). That reflects the general change in terminology in this Act.

907.The section has a timing provision of its own in subsection (3). If there is no employment at the time the payment is made the timing rule in whichever is appropriate of section 17 or 30 of this Act will operate.

908.Section 313(6)(a) restricts the application of section 313 to employments from which the income was or would have been chargeable under Case I or Case II of Schedule E.Subsections (6) and (7) reproduce that restriction for this and the following section.

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