PART III

Income Tax, Corporation Tax and Capital Gains Tax
CHAPTER I

General

Benefits in kind: vouchers
44
1
Section 36 of the Finance (No. 2) Act 1975 (taxation of benefits in kind provided by means of vouchers other than cash vouchers) shall be amended as follows.
2
In subsection (1)—
a
after the words " in relation to a voucher ", in the passage following paragraph (b), there shall be inserted the words " (other than a cheque voucher) "; and
b
at the end there shall be added the words " ; and in relation to a cheque voucher is the one in which the voucher is handed over in exchange for money, goods or services (a voucher which is posted being treated as handed over at the time of posting). "
3
For subsection (2) there shall be substituted the following subsection—
2
There shall be deductible under section 189, 192 or 194(3) of the Taxes Act (necessary expenses etc.) from the amount taxable under subsection (1) above such amounts, if any, as would have been so deductible if the cost of the goods or services in question had been incurred by the employee out of his emoluments.
4
After subsection (3) there shall be inserted the following subsection—
3A
Subsection (1) above shall not apply in relation to a transport voucher provided for an employee of a passenger transport undertaking under arrangements in operation on 25th March 1982 and intended to enable that employee or a relation of his to obtain passenger transport services provided by—
a
his employer;
b
a subsidiary of his employer ;
c
a body corporate of which his employer is a subsidiary ; or
d
another passenger transport undertaking.
5
For subsections (4) and (4A) there shall be substituted the following subsection—
4
In this section—
- ' cheque voucher ' means a cheque provided for an employee and intended for use by him wholly or mainly for payment for particular goods or services or for goods or services of one or more particular classes; and, in relation to a cheque voucher, references to a voucher being exchanged for goods or services shall be construed accordingly ;
- ' employee ' means the holder of any office or employment the emoluments in respect of which fall to be assessed under Schedule E; and related expressions shall be construed accordingly ;
- ' passenger transport undertaking ' means an undertaking whose business consists wholly or mainly in the carriage of passengers and includes a subsidiary of such an undertaking ;
- ' relation', with respect to an employee, means his spouse, parent or child, the spouse of his child and any dependant of that employee ;
- ' subsidiary' means a wholly owned subsidiary within the meaning of section 150(4) of the Companies Act 1948;
- ' transport voucher' means any ticket, pass or other document or token intended to enable a person to obtain passenger transport services (whether or not in exchange for it); and, in relation to a transport voucher, references to a voucher being exchanged for services shall be construed as references to it being exchanged for, or otherwise used to procure, services;
- ' voucher' does not include a cash voucher within the meaning of section 37 of this Act but, subject to that, means any voucher, stamp or similar document or token capable of being exchanged (whether singly or together with other such vouchers, stamps, documents or tokens and whether immediately or only after a time) for money, goods or services (or for any combination of two or more of those things) and includes a transport voucher and a cheque voucher.
6
After subsection (5) there shall be inserted the following subsection—
5A
Subsections (6) and (7) of section 36A of this Act shall apply for the purposes of this section in relation to vouchers as they apply for the purposes of that section in relation to credit-tokens.
7
This section has effect for the year 1982-83 and subsequent years of assessment.
1975 c. 45.
1948 c. 38.