Part 16Companies with investment business

Chapter 3Amounts treated as expenses of management

Counselling and retraining expenses

C21238Retraining courses

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This section applies if—

a

a company with investment business (“the employer”) incurs retraining course expenses,

b

they are incurred in relation to a person (“the employee”) who holds or has held an office or employment under the employer, and

c

the relevant conditions are met.

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The expenses are treated for the purposes of Chapter 2 as expenses of management.

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In this section—

  • retraining course expenses” means expenses incurred in the payment or reimbursement of retraining course expenses within the meaning given by section 311(2) of ITEPA 2003, and

  • the relevant conditions” means—

    1. a

      the conditions in subsections (3) and (4) of section 311 of ITEPA 2003 (employment income exemptions: retraining courses), and

    2. b

      in the case of travel expenses, the conditions in subsection (5) of that section.

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If—

a

an employer's liability to corporation tax for an accounting period is determined on the assumption that a deduction for expenditure is allowed by virtue of this section, and

b

the deduction would not otherwise have been allowed,

subsections (2) to (6) of section 75 (retraining courses: recovery of tax) apply.