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Income Tax (Earnings and Pensions) Act 2003

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This is the original version (as it was originally enacted).

239Payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles

This section has no associated Explanatory Notes

(1)No liability to income tax arises in respect of the discharge of any liability of an employee in connection with a taxable car or van or an exempt heavy goods vehicle.

(2)No liability to income tax arises in respect of a payment to an employee in respect of expenses incurred by the employee in connection with a taxable car or van or an exempt heavy goods vehicle.

(3)Subsections (1) and (2) do not apply to liability arising by virtue of section 149 (benefit of car fuel treated as earnings).

(4)No liability to income tax arises by virtue of Chapter 10 of Part 3 (taxable benefits: residual liability to charge) in respect of a benefit connected with a taxable car or van or an exempt heavy goods vehicle.

(5)Subsection (4) does not apply to the provision of a driver.

(6)For the purposes of this section a car or van is “taxable” if under Chapter 6 of Part 3 the cash equivalent of the benefit of it is to be treated as the employee’s earnings for the tax year.

(7)For the purposes of this section—

(a)“heavy goods vehicle” has the same meaning as in section 238(4) (modest private use of heavy goods vehicles), and

(b)a heavy goods vehicle is “exempt” if it is made available in the tax year to the employee in such circumstances that section 238 applies.

(8)For the purposes of subsections (1) and (2), a heavy goods vehicle is also “exempt” if it is so made available in such circumstances that section 238 would apply if the employee were not in excluded employment.

(9)In this Part “excluded employment” means an excluded employment within the meaning of the benefits code (see section 63(4)).

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