The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004

Employees seconded to charities and educational establishments

7.—(1) Section 86(1) is amended as follows.

(2) In subsection (1) (expenditure on seconded employees deductible as if employee’s service were available for employer’s trade etc) for “notwithstanding anything in section 74 or 75, any expenditure incurred (or disbursed)” substitute “notwithstanding anything in section 74, 75 or 76, any expenditure incurred”.

(3) In subsection (2) (definitions) for the definition of “deductible” substitute—

““deductible” means—

(a)

deductible as an expense in computing the profits of the employer to be charged under Case I or II of Schedule D,

(b)

deductible as expenses of management for the purposes of section 75, or

(c)

falling to be brought into account in accordance with section 76 as expenses payable which fall to be brought into account at Step 1 in subsection (7) of that section,

as the case may be.”.

(1)

Section 86 was amended by paragraph 1 of Schedule 7 to the Finance Act 1998 and section 58 of the Finance Act 1999 (c. 16).