[F1(1)If the provision of a qualifying benefit takes the form of a payment of money, the benefit, so far as Chapter 4 of Part 2 of ITEPA 2003 applies to the money, is provided for the purposes of section 38 when the money is treated as received for the purposes of that Chapter (applying the rules in section 18 of that Act (receipt of money earnings)).]
[F2(1A)Except so far as subsection (1) applies to the provision of the qualifying benefit, if the provision of a qualifying benefit is a chargeable relevant step, for the purposes of section 38—
(a)the benefit is provided when A's employment with B starts if the chargeable relevant step is taken before then, or
(b)otherwise, the benefit is provided when the chargeable relevant step is taken.]
(2)If the provision of a qualifying benefit takes the form of a transfer of an asset [F3 which meets condition A, B, C or D in section 40 ] , the amount provided for the purposes of section 38 is the total of—
(a)the amount (if any) spent on the asset by [F4a scheme manager] , F5...
(b)in a case where the asset was transferred to [F4a scheme manager] by the employer, the amount of the deduction that would be allowable as mentioned in subsection (1) of that section in respect of the transfer[F6, and
(c)if the transfer is a chargeable relevant step, the cost of the relevant step so far as not covered by paragraph (a) or (b).]
(3)But if the amount given by subsection (2) is more than the amount that—
(a)is charged to tax under ITEPA 2003 in respect of the transfer, or
(b)would be so charged if condition B in section 40 were met,
the deduction allowable under section 38(2) or (3) is limited to that lower amount.
[F7(4)If the provision of a qualifying benefit is a chargeable relevant step which does not involve a sum of money (see section 554Z(10) of ITEPA 2003) and is not covered by subsection (2), the amount provided for the purposes of section 38 is the cost of the relevant step (subject to subsection (5)).
(5)If the provision of a qualifying benefit is a chargeable relevant step which is not covered by subsection (2) (whether or not it involves a sum of money), the amount provided for the purposes of section 38 is not to exceed the amount that—
(a)is charged to tax under ITEPA 2003 in relation to the relevant step (whether under Part 7A of that Act or otherwise), or
(b)would be charged had not A been non-UK resident in any tax year.
(6)In this section—
(a)“chargeable relevant step” means a relevant step within the meaning of Part 7A of ITEPA 2003 by reason of which Chapter 2 of that Part applies (and references to A and B are to be read accordingly), and
(b)references to the cost of a chargeable relevant step are to be read in accordance with section 554Z3(6) of that Act.]
Textual Amendments
F1S. 41(1) substituted (with effect in accordance with Sch. 2 paras. 52-59, 63 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 38(2)
F2S. 41(1A) inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 38(3)
F3Words in s. 41(2) inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 38(4)(a)
F4Words in s. 41 substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(10)
F5Word in s. 41(2) omitted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 2 para. 38(4)(b)
F6S. 41(2)(c) and word inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 38(4)(c)
F7S. 41(4)-(6) inserted (with effect in accordance with Sch. 2 paras. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 38(5)