Withdrawal of existing tax exemptions

I163Restrictions on claiming tax exemption for childcare vouchers

1

Section 270A of ITEPA 2003 (limited exemption from income tax for qualifying childcare vouchers) is amended as follows.

2

In subsection (1)—

a

before “employee” insert “ eligible ”, and

b

at the end insert—

For the meaning of “eligible employee”, see section 270AA.

3

In subsection (5)(a), before “employees” insert “ eligible ”.

4

After section 270A of ITEPA 2003 insert—

270AAMeaning of “eligible employee”

1

An employee is an eligible employee for the purposes of section 270A if conditions A to C are met in relation to the employee.

2

Condition A is that the employee—

a

was employed by the employer immediately before the relevant day, and

b

has not ceased to be employed by the employer on or after that day.

3

The relevant day” means the day specified by the Treasury in regulations for the purposes of this section.

4

Condition B is that there has not been a period of 52 tax weeks ending on or after the relevant day which has not included at least one qualifying week.

5

In subsection (4)—

  • qualifying week” means a tax week in respect of which a qualifying childcare voucher has been provided for the employee under the scheme by the employer in respect of a child, and

  • tax week” has the meaning given by section 270A(7).

6

Condition C is that the employee has not given the employer a childcare account notice.

7

A “childcare account notice” is a written notice informing the employer that the employee wishes to leave the scheme in order to be able to open a childcare account under section 17 of the Childcare Payments Act 2014 or enable the employee's partner to do so.

8

In subsection (7) “partner” is to be read in accordance with regulations made under section 3(5) of that Act.

5

In section 717 of ITEPA 2003 (orders and regulations), in subsection (4), after “employments),” insert “ section 270AA(3) (exemption from income tax for qualifying childcare vouchers: meaning of “eligible employee”), ”.