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Income Tax (Earnings and Pensions) Act 2003

Section 365: Deductions where employment-related benefit provided

1588.This section applies where an unspecified benefit is provided. A deduction may be due where the earnings include an amount treated as earnings under Chapter 10 of Part 3 of this Act in respect of a benefit. If the employee would have been allowed a deduction under Chapter 2 or Chapter 5 of this Part if he had paid for the cost of the benefit, a deduction is allowed under this section. It derives from section 156(8) of ICTA.

1589.Subsection (1) sets out the conditions which must apply if a deduction from earnings is to be allowed.

1590.Subsection (2) quantifies the amount of the deduction with the same limit as described for section 362.

1591.Subsection (3) contains an explanation of the “cost of the benefit”.

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