Search Legislation

Income Tax (Earnings and Pensions) Act 2003

Changes over time for: Chapter 5

 Help about opening options

Alternative versions:

Status:

Point in time view as at 06/04/2003.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Income Tax (Earnings and Pensions) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Chapter 5U.K.Taxable benefits: living accommodation

Living accommodationU.K.

97Living accommodation to which this Chapter appliesU.K.

(1)This Chapter applies to living accommodation provided for—

(a)an employee, or

(b)a member of an employee’s family or household,

by reason of the employment.

(2)Living accommodation provided for any of those persons by the employer is to be regarded as provided by reason of the employment unless—

(a)the employer is an individual, and

(b)the provision is made in the normal course of the employer’s domestic, family or personal relationships.

ExceptionsU.K.

98Accommodation provided by local authorityU.K.

This Chapter does not apply to living accommodation provided for an employee if—

(a)the employer is a local authority,

(b)it is provided for the employee by the authority, and

(c)the terms on which it is provided are no more favourable than those on which similar accommodation is provided by the authority for persons who are not their employees but whose circumstances are otherwise similar to those of the employee.

99Accommodation provided for performance of dutiesU.K.

(1)This Chapter does not apply to living accommodation provided for an employee if it is necessary for the proper performance of the employee’s duties that the employee should reside in it.

(2)This Chapter does not apply to living accommodation provided for an employee if—

(a)it is provided for the better performance of the duties of the employment, and

(b)the employment is one of the kinds of employment in the case of which it is customary for employers to provide living accommodation for employees.

(3)But if the accommodation is provided by a company and the employee (“E”) is a director of the company or of an associated company, the exception in subsection (1) or (2) only applies if, in the case of each company of which E is a director—

(a)E has no material interest in the company, and

(b)either—

(i)E’s employment is as a full-time working director, or

(ii)the company is non-profit-making or is established for charitable purposes only.

(4)Non-profit-making” means that the company does not carry on a trade and its functions do not consist wholly or mainly in the holding of investments or other property.

(5)A company is “associated” with another if—

(a)one has control of the other, or

(b)both are under the control of the same person.

100Accommodation provided as result of security threatU.K.

This Chapter does not apply to living accommodation provided for an employee if—

(a)there is a special threat to the security of the employee,

(b)special security arrangements are in force, and

(c)the employee resides in the accommodation as part of those arrangements.

[F1100AHomes outside UK owned through company etcU.K.

(1)This Chapter does not apply to living accommodation outside the United Kingdom provided by a company for a director or other officer of the company (“D”) or a member of D's family or household if—

(a)the company is wholly owned by D or D and other individuals (and no interest in the company is partnership property), and

(b)the company has been the holding company of the property at all times after the relevant time.

(2)The company is “the holding company of the property” when—

(a)it owns a relevant interest in the property,

(b)its main or only asset is that interest, and

(c)the only activities undertaken by it are ones that are incidental to its ownership of that interest.

(3)The company is also “the holding company of the property” when—

(a)a company (“the subsidiary”) which is wholly owned by the company meets the conditions in paragraphs (a) to (c) of subsection (2),

(b)the company's main or only asset is its interest in the subsidiary, and

(c)the only activities undertaken by the company are ones that are incidental to its ownership of that interest.

(4)Relevant interest in the property” means an interest under the law of any territory that confers (or would but for any inferior interest confer) a right to exclusive possession of the property at all times or at certain times.

(5)“The relevant time” is the time the company first owned a relevant interest in the property; but this is subject to subsection (6).

(6)If—

(a)none of D's interest in the company was acquired directly or indirectly from a person connected with D, and

(b)the company owned a relevant interest in the property at the time D first acquired an interest in the company,

“the relevant time” is the time D first acquired such an interest.

Textual Amendments

F1Ss. 100A,100B inserted (retrospectively) by Finance Act 2008 (c. 9), s. 45

100BSection 100A(1): exceptionsU.K.

(1)Section 100A(1) does not apply if subsection (2), (3) or (4) applies.

(2)This subsection applies if—

(a)the company's interest in the property was acquired directly or indirectly from a connected company at an undervalue, or

(b)the company's interest in the property derives from an interest that was so acquired.

(3)This subsection applies if, at any time after the relevant time—

(a)expenditure in respect of the property has been incurred directly or indirectly by a connected company, or

(b)any borrowing of the company directly or indirectly from a connected company has been outstanding (but see subsection (7)).

(4)This subsection applies if the living accommodation is provided in pursuance of an arrangement the main purpose, or one of the main purposes, of which is the avoidance of tax or national insurance contributions.

(5)In subsection (2) references to the acquisition of an interest include the grant of an interest.

(6)For the purposes of that subsection, an interest is acquired at an undervalue if the total consideration for it is less than that which might reasonably have been expected to be obtained on a disposal of the interest on the open market; and “consideration” here means consideration provided at any time (and, for example, includes payments by way of rent).

(7)For the purposes of subsection (3)(b), no account is to be taken of—

(a)any borrowing at a commercial rate, or

(b)any borrowing which results in D being treated under Chapter 7 (taxable benefits: loans) as receiving earnings.

(8)In subsection (4) “arrangement” includes any scheme, agreement or understanding, whether or not enforceable.

(9)In this section “connected company” means—

(a)a company connected with D, with a member of D's family or with an employer of D, or

(b)a company connected with such a company.]

Textual Amendments

F1Ss. 100A,100B inserted (retrospectively) by Finance Act 2008 (c. 9), s. 45

101Chevening HouseU.K.

This Chapter does not apply to living accommodation provided for an employee if the accommodation is—

(a)Chevening House, or

(b)any other premises held on the trusts of the trust instrument set out in the Schedule to the Chevening Estate Act 1959 (c. 49),

and the employee is a person nominated in accordance with those trusts.

Benefit of living accommodation treated as earningsU.K.

102Benefit of living accommodation treated as earningsU.K.

(1)If living accommodation to which this Chapter applies is provided in any period—

(a)which consists of the whole or part of a tax year, and

(b)throughout which the employee holds the employment,

the cash equivalent of the benefit of the accommodation is to be treated as earnings from the employment for that year.

(2)In this Chapter that period is referred to as “the taxable period”.

(3)Section 103 indicates how the cash equivalent is calculated.

Calculation of cash equivalentU.K.

103Method of calculating cash equivalentU.K.

(1)The cash equivalent is calculated—

(a)under section 105 if the cost of providing the living accommodation does not exceed £75,000; and

(b)under section 106 if the cost of providing the living accommodation exceeds £75,000.

(2)Section 104 (general rule) sets out how to calculate the cost of providing living accommodation for the purpose of determining whether or not it exceeds £75,000.

(3)In this Chapter—

  • “annual value”,

  • “person involved in providing accommodation”, and

  • “the property”,

  • have the meaning given by sections 110 to 113, and “the taxable period” has the meaning given by section 102(2).

104General rule for calculating cost of providing accommodationU.K.

For any tax year the cost of providing living accommodation is given by the formula—

where—

A is any expenditure incurred in acquiring the estate or interest in the property held by a person involved in providing the accommodation,

I is any expenditure incurred on improvements to the property which has been incurred before the tax year in question by a person involved in providing the accommodation, and

P is so much of any payment or payments made by the employee to a person involved in providing the accommodation as represents—

  • (a) reimbursement of A or I, or

  • (b) consideration for the grant to the employee of a tenancy or sub-tenancy of the property.

Accommodation costing £75,000 or lessU.K.

105Cash equivalent: cost of accommodation not over £75,000U.K.

(1)The cash equivalent is to be calculated under this section if the cost of providing the living accommodation does not exceed £75,000.

(2)The cash equivalent is the difference between—

(a)the rental value of the accommodation for the taxable period, and

(b)any sum made good by the employee to the person at whose cost the accommodation is provided that is properly attributable to its provision.

(3)The “rental value of the accommodation” for the taxable period is the rent which would have been payable for that period if the property had been let to the employee at an annual rent equal to the annual value.

(4)But if the person at whose cost the accommodation is provided pays rent for the whole or part of the taxable period at an annual rate greater than the annual value—

(a)subsection (3) does not apply to that period or (as the case may be) that part of it; and

(b)instead the “rental value of the accommodation” for that period or part is the rent payable for it by that person.

(5)If the rental value of the accommodation for the taxable period does not exceed any sum made good by the employee as mentioned in subsection (2)(b), the cash equivalent is nil.

Accommodation costing more than £75,000U.K.

106Cash equivalent: cost of accommodation over £75,000U.K.

(1)The cash equivalent is calculated under this section if the cost of providing the living accommodation exceeds £75,000.

(2)To calculate the cash equivalent—

Step 1

Calculate the amount that would be the cash equivalent if section 105 applied (cash equivalent: cost of accommodation not over £75,000).

Step 2

Calculate the following amount (“the additional yearly rent”)—

where—

ORI is the official rate of interest in force for the purposes of Chapter 7 of this Part (taxable benefits: loans) on 6th April in the tax year, and

C is the cost of providing the accommodation calculated—

  • (a) in accordance with section 104 (general rule for calculating cost of accommodation), or

  • (b) in a case where section 107 applies (special rule for calculating cost of providing accommodation), in accordance with that section instead.

Step 3

Calculate the rent which would have been payable for the taxable period if the property had been let to the employee at the additional yearly rent calculated under step 2.

Step 4

Calculate the cash equivalent by—

(a)adding together the amounts calculated under steps 1 and 3, and

(b)(if allowed by subsection (3)) subtracting from that total the excess rent paid by the employee.

(3)In step 4—

(a)paragraph (b) only applies if, in respect of the taxable period, the rent paid by the employee in respect of the accommodation to the person providing it exceeds the rental value of the accommodation for that period as set out in section 105(3) or (4)(b), as applicable, and

(b)the excess rent” means the total amount of that excess.

107Special rule for calculating cost of providing accommodationU.K.

(1)This section contains a special rule for calculating the cost of providing living accommodation which—

(a)operates for the purposes of step 2 of section 106(2) (calculating the additional yearly rent), and

(b)accordingly only operates where the cost of provision for the purposes of section 106(1) (as calculated under section 104) exceeds £75,000.

(2)This section applies if, throughout the period of 6 years ending with the date when the employee first occupied the accommodation (“the initial date”), an estate or interest in the property was held by a person involved in providing the accommodation.

It does not matter whether it was the same estate, interest or person throughout.

(3)For any tax year the cost of providing the living accommodation for the purposes mentioned in subsection (1)(a) is given by the formula—

where—

MV is the price which the property might reasonably be expected to have fetched on a sale in the open market with vacant possession as at the initial date,

I is any expenditure incurred on improvements to the property which has been incurred during the period—

  • (a) beginning with the initial date, and

  • (b) ending with the day before the beginning of the tax year,

by a person involved in providing the accommodation, and

P is so much of any payment or payments made by the employee to a person involved in providing the accommodation as represents—

  • (a) reimbursement (up to an amount not exceeding MV) of any expenditure incurred in acquiring the estate or interest in the property held on the initial date,

  • (b) reimbursement of I, or

  • (c) consideration for the grant to the employee of a tenancy or sub-tenancy of the property.

(4)In estimating MV no reduction is to be made for an option in respect of the property held by—

(a)the employee,

(b)a person connected with the employee, or

(c)a person involved in providing the accommodation.

Apportionment of cash equivalentU.K.

108Cash equivalent: accommodation provided for more than one employeeU.K.

(1)If, for the whole or part of a tax year, the same living accommodation is provided for more than one employee at the same time, the total of the cash equivalents for all of the employees is to be limited to the amount that would be the cash equivalent if the accommodation was provided for one employee.

(2)The cash equivalent for each of the employees is to be such part of that amount as is just and reasonable.

Other tax implicationsU.K.

109Priority of this Chapter over Chapter 1 of this PartU.K.

(1)This section applies if—

(a)under this Chapter the cash equivalent of the benefit of living accommodation is to be treated as earnings from an employee’s employment for a tax year, and

(b)under Chapter 1 of this Part an amount would, apart from this section, constitute earnings from the employment for the year in respect of the provision of the accommodation.

(2)The full amount of the cash equivalent is to be treated as earnings from the employment for that year under this Chapter.

(3)The amount mentioned in subsection (1)(b) is to constitute earnings from the employment for the year under Chapter 1 of this Part only to the extent that it exceeds the amount mentioned in subsection (2).

SupplementaryU.K.

110Meaning of “annual value”U.K.

(1)For the purposes of this Chapter the “annual value” of living accommodation is the rent which might reasonably be expected to be obtained on a letting from year to year if—

(a)the tenant undertook to pay all taxes, rates and charges usually paid by a tenant, and

(b)the landlord undertook to bear the costs of the repairs and insurance and the other expenses (if any) necessary for maintaining the property in a state to command that rent.

(2)For the purposes of subsection (1) that rent—

(a)is to be taken to be the amount that might reasonably be expected to be so obtained in respect of the letting of the accommodation, and

(b)is to be calculated on the basis that the only amounts that may be deducted in respect of services provided by the landlord are amounts in respect of the cost to the landlord of providing any relevant services.

(3)If living accommodation is of a kind that might reasonably be expected to be let on terms under which—

(a)the landlord is to provide any services which are either—

(i)relevant services, or

(ii)the repair, insurance or maintenance of any premises which do not form part of the accommodation but belong to or are occupied by the landlord, and

(b)amounts are payable in respect of the services in addition to the rent,

the rent to be established under subsection (1) in respect of the accommodation is to be increased under subsection (4).

(4)That rent is to include—

(a)where the services are relevant services, so much of the additional amounts as exceeds the cost to the landlord of providing the services;

(b)where the services are within subsection (3)(a)(ii), the whole of the additional amounts.

(5)In this section “relevant service” means a service other than the repair, insurance or maintenance of the accommodation or of any other premises.

111Disputes as to annual valueU.K.

(1)This section applies if there is a dispute as to the amount of the annual value of living accommodation for the purposes of this Chapter.

(2)The question is to be determined by the General Commissioners.

(3)The Commissioners must hear and determine the question in the same way as an appeal.

112Meaning of “person involved in providing the accommodation”U.K.

For the purposes of this Chapter “person involved in providing the accommodation” means any of the following—

(a)the person providing the accommodation;

(b)the employee’s employer (if not within paragraph (a));

(c)any person, other than the employee, who is connected with a person within paragraph (a) or (b).

113Meaning of “the property”U.K.

For the purposes of this Chapter “the property”, in relation to living accommodation, means the property consisting of that accommodation.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources