Income Tax (Earnings and Pensions) Act 2003 (c. 1)

Part 5 Employment income: deductions allowed from earnings

Chapter 2 Deductions for employee’s expenses

Other rules preventing deductions of particular kinds

359 Disallowance of travel expenses: mileage allowances and reliefs

(1) No deduction may be made under the travel deductions provisions in respect of travel expenses incurred in connection with the use by the employee of a vehicle that is not a company vehicle if condition A or B is met.

(2) Condition A is that mileage allowance payments are made to the employee in respect of the use of the vehicle.

(3) Condition B is that mileage allowance relief is available in respect of the use of the vehicle by the employee (see section 231).

(4) In this section—

• “company vehicle” has the meaning given by section 236(2),

• “mileage allowance payments” has the meaning given by section 229(2), and

• “the travel deductions provisions” means sections 337 to 342, 370, 371, 373 and 374 (travel expenses) and section 351 (expenses of ministers of religion).