- Latest available (Revised)
- Original (As enacted)
Income Tax (Earnings and Pensions) Act 2003 is up to date with all changes known to be in force on or before 14 October 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part 2 Employment income: charge to tax
Chapter 4 Taxable earnings: UK resident employees
Chapter 5 Taxable earnings: remittance basis rules and rules for non-uk resident employees
Remittance basis rules for employees outside section 26
21.Earnings for year when employee resident and ordinarily resident, but not domiciled, in UK, except chargeable overseas earnings
22.Chargeable overseas earnings for year when remittance basis applies and employee outside section 26
24.Limit on chargeable overseas earnings where duties of associated employment performed in UK
24B.Definitions of “C” and “I” for the purposes of section 24A(14)
Remittance basis rules: employees who meet section 26A requirement
Chapter 5A Taxable specific income: effect of remittance basis
41F.Taxable specific income: internationally mobile employees etc
41H.Section 41F: chargeable and unchargeable foreign securities income
41I.Limit on “chargeable foreign securities income” where duties of associated employment performed in UK
41L.Chargeable and unchargeable foreign securities income: just and reasonable apportionment
Chapter 8 Workers' services provided through intermediaries to small clients
Chapter 9 Managed service companies
61R.Application of Income Tax Acts in relation to deemed employment
61TA.Duty for client to withdraw status determination statement if it ceases to be medium or large
61U.Information to be provided by worker or intermediary and consequences of failure
61W.Prevention of double charge to tax and allowance of certain deductions
Part 3 Employment income: earnings and benefits etc. treated as earnings
Chapter 2 Taxable benefits: the benefits code
Chapter 4 Taxable benefits: vouchers and credit-tokens
Chapter 5 Taxable benefits: living accommodation
Chapter 6 Taxable benefits: cars, vans and related benefits
Cars: appropriate percentage: first registered on or after 1st January 1998
135.Car with a CO2 emissions figure: pre-October 1999 registration
136.Car with a CO2 emissions figure: registration from 1st October 1999 to IP completion day
136A.Car with a CO2 emissions figure: registration on or after IP completion day
137.Car with a CO2 emissions figure: bi-fuel cars : registration from 1st January 2000 to IP completion day
137A.Car with a CO2 emissions figure: bi-fuel cars registered on or after IP completion day
138.Car with a CO2 emissions figure: automatic car for a disabled employee
139.Cars with a CO2 emissions figure: the appropriate percentage
140.Car without a CO2 emissions figure: the appropriate percentage
Cars: appropriate percentage: first registered before 1st January 1998
Chapter 8 Taxable benefits: notional loans in respect of acquisitions of shares
Chapter 9 Taxable benefits: disposals of shares for more than market value
Chapter 11 Taxable benefits: exclusion of lower-paid employments from parts of benefits code
Part 4 Employment income: exemptions
Chapter 2 Exemptions: mileage allowances and passenger payments
Chapter 3 Exemptions: other transport, travel and subsistence
239.Payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles
241.Incidental overnight expenses and benefits: overall exemption limit
241B.Travel where directorship held as part of trade or profession
245.Travelling and subsistence during public transport strikes
246.Transport between work and home for disabled employees: general
248.Transport home: late night working and failure of car-sharing arrangements
Chapter 6 Exemptions: non-cash vouchers and credit-tokens
Exemptions for particular non-cash vouchers and credit-tokens
268.Exemption of vouchers and tokens for incidental overnight expenses
269.Exemption where benefits or money obtained in connection with taxable car or van or exempt heavy goods vehicle
270.Exemption for small gifts of vouchers and tokens from third parties
270B.Meaning of “relevant earnings amount” and “required time”
Chapter 7 Exemptions: removal benefits and expenses
CHAPTER 7A Exemptions: amounts which would otherwise be deductible
Chapter 8 Exemptions: special kinds of employees
290A.Accommodation outgoings of lower-paid ministers of religion
290B.Allowances paid to lower-paid ministers of religion in respect of accommodation outgoings
290C.Provisions of benefits code not applicable to lower-paid ministers of religion
290D.Meaning of “lower-paid employment as a minister of religion”
299A.Voluntary office-holders: compensation for lost employment income
299B.Voluntary office-holders: payments in respect of expenses
A government department The Welsh Ministers and the Counsel General...
A county, district or parish council in England The council...
An organisation the name of which is entered in the...
A Local Medical Committee (see section 97(4) of the National...
A body (other than a company) that is established by...
6.In this section— “company” means a company as defined by...
7.Section 16A of ITTOIA 2005 (voluntary office-holders: compensation for lost...
Part 5 Employment income: deductions allowed from earnings
Chapter 5 Deductions for earnings representing benefits or reimbursed expenses
Part 6 Employment income: income which is not earnings or share-related
Chapter 2 Benefits from employer-financed retirement benefits
Chapter 3 Payments and benefits on termination of employment etc.
Payments and benefits treated as employment income
402A.Split of payments and other benefits between sections 402B and 403
402B.Termination awards not benefiting from threshold to be treated as earnings
402E.Meaning of “trigger date” and “post-employment notice period” in section 402D
403.Charge on payment or other benefit where threshold applies
404A.Amounts charged to be treated as highest part of total income
405.Exception for certain payments exempted when received as earnings
407.Exception for payments and benefits under tax-exempt pension schemes
408.Exception for contributions to registered pension schemes
409.Exception for payments and benefits in respect of certain legal expenses etc and indemnity insurance
410.Exception for payments and benefits in respect of certain legal expenses etc and indemnity insurance: individual deceased
412.Exception for payments and benefits provided by foreign governments etc.
414A.Exception for payments and benefits under section 615(3) schemes
414B.Exception in certain cases of foreign service as seafarer
414C.Reduction in other cases of foreign service as seafarer
Part 7 Employment income: income and exemptions relating to securities
Chapter 3A Securities with artificially depressed market value
Chapter 3B Securities with artificially enhanced market value
Chapter 3D Securities disposed of for more than market value
Chapter 4A Shares in research institution spin-out companies
Chapter 6 Approved share incentive plans
Tax advantages connected with shares ceasing to be subject to plan
509.Modification of section 696 where charge on shares ceasing to be subject to plan
510.Payments by trustees to employer company on shares ceasing to be subject to plan
511.PAYE deductions to be made by trustees on shares ceasing to be subject to plan
513.Capital receipts: payments by trustees to employer company
514.Capital receipts: PAYE deductions to be made by trustees
Chapter 11 Supplementary provisions about employee benefit trusts
Part 7A Employment income provided through third parties
554G.Exclusions: transactions under employee benefit packages
554N.Exclusions: other cases involving employment-related securities etc
554U.Exclusions: pre-6 April 2006 contributions to employer-financed retirement benefit schemes
554V.Exclusions: purchases of annuities out of pension scheme rights
554X.Exclusions: transfers between certain foreign pension schemes
CHAPTER 2 Treatment of relevant step for income tax purposes
CHAPTER 3 Undertakings given by employers etc in relation to retirement benefits etc
Part 8 Former employees: deductions for liabilities
Chapter 6 Approved retirement benefits schemes
Chapter 8 Approved personal pension schemes
Chapter 11 Certain overseas government pensions paid in the UK
Chapter 13 Return of surplus employee additional voluntary contributions
Chapter 14 Pre-1973 pensions paid under the Overseas Pensions Act 1973
Chapter 17 Exemptions: any taxpayer
639.Pensions in respect of death due to military or war service
640A.Lump sums provided under armed forces early departure scheme
642A.Netherlands Benefit Act for Victims of Persecution 1940-1945
643.Malawi, Trinidad and Tobago and Zambia government pensions
644.Pensions payable where employment ceased due to disablement
645.Social security pensions: increases in respect of children
646B.Registered schemes: beneficiaries' annuities from unused funds
646C.Registered schemes: beneficiaries' annuities from drawdown funds
646D.Non-registered schemes: beneficiaries' annuities from unused funds
646E.Non-registered schemes: beneficiaries' annuities from drawdown funds
Chapter 4 PAYE: special types of income
Part 13 Supplementary provisions
SCHEDULES
Part 3 Eligibility of individuals
Part 8 Cash dividends and dividend shares
PART 10 Notification of plans, annual returns and enquiries
Part 11 Supplementary provisions
PART 8 Notification of schemes, annual returns and enquiries
Part 9 Supplementary provisions
Part 5 Requirements etc. relating to share options
PART 7 Notification of schemes, annual returns and enquiries
Part 8 Supplementary provisions
Enterprise management incentives
Part 5 Requirements relating to options
Part 6 Company reorganisations
Part 8 Supplementary provisions
Part 1 Income and Corporation Taxes Act 1988
3.In section 4(1) (construction of references in Income Tax Acts...
14.Omit sections 131 to 134 (miscellaneous provisions relating to the...
15.Omit sections 135 to 137 (provisions relating to gains by...
16.(1) Amend section 138 (share acquisitions by directors and employees)...
17.Omit section 140 (further interpretation of sections 135 to 139)....
18.Omit sections 140A to 140H (further provisions relating to share...
22.Omit sections 148 to 151A (payments on retirement, sick pay...
26.(1) Amend section 186 (approved profit sharing schemes) as follows....
27.In section 187 (interpretation of sections 185 and 186 and...
28.Omit the following provisions (which give relief from income tax...
29.Omit sections 202A and 202B (assessment on receipts basis).
33.Omit section 207 (disputes as to domicile or ordinary residence)....
36.After section 266 insert— Life assurance premiums paid by employer...
39.Omit section 313 (taxation of consideration for certain restrictive undertakings)....
41.Omit sections 315 to 318 (pensions etc. paid in respect...
42.Omit section 319 (crown servants: foreign service allowance).
46.Omit section 330 (compensation for National-Socialist persecution).
47.(1) Amend section 332 (expenditure and houses of ministers of...
52.In section 376(2) (qualifying borrowers and qualifying lenders) for the...
71.In section 591D (provisions supplementary to section 591C) omit subsection...
74.Omit sections 595 and 596 (payments by employer to retirement...
75.Omit sections 596A to 596C (benefits under non-approved retirement benefits...
77.In section 599A (charge to tax: payments out of surplus...
78.Omit section 600 (charge to tax: unauthorised payments to or...
83.In section 613 (Parliamentary pension funds) omit subsections (1) to...
84.In section 614(3) (exemptions and reliefs in respect of income...
85.In section 615 (exemption from tax in respect of certain...
91.(1) Section 643 (employer’s contributions and personal pension income etc.)...
96.Omit sections 647 to 648A (personal pensions: unauthorised payments, contributions...
104.In section 824(4A) (repayment supplement: individuals and others) for “section...
106.In section 830 (territorial sea and designated areas) omit subsection...
107.In section 831(3) (interpretation of ICTA) before the entry relating...
110.Omit Schedules 6 and 6A (taxation of directors and others:...
111.Omit Schedules 7 and 7A (taxation of benefit of loans)....
112.(1) Amend Schedule 9 (approved share option schemes and profit...
113.(1) Amend Schedule 10 (further provisions relating to profit sharing...
114.Omit Schedule 11 (payments and other benefits in connection with...
118.Omit Schedule 12A (ordinary commuting and private travel).
119.In Schedule 14 (modification of section 266 in certain cases),...
Taxes Management Act 1970 (c. 9)
124.In section 7(4) and (5) (notice of liability to income...
125.(1) Amend section 9 (returns to include self-assessment) as follows....
126.(1) Amend section 15 (return of employee’s emoluments etc.) as...
127.For section 16A substitute— Agency workers (1) This section applies where— (a) any services which an...
128.In section 42(3) (procedure for making claims etc.) for “section...
131.(1) Amend section 59B (payment of income tax and capital...
133.In section 63(3)(a) (recovery of tax in Scotland) for “section...
134.In section 64(1A)(a) (priority of claim for tax in Scotland)—...
136.In section 91(3)(c) (effect on interest of reliefs) for “section...
137.(1) Amend the Table in section 98 (special returns, etc.)...
138.In section 98A(1) (special penalties in the case of certain...
139.In section 118 (interpretation) after the entry relating to “inspector”...
140.In section 119(4) (construction of the Act) after “1992 Act”...
141.In paragraph 4(1A) of Schedule 1A (claims etc. not included...
143.In Schedule 3A (electronic lodgement of tax returns etc.) in...
157.For section 43 substitute— Schedule D: computation (1) In calculating profits or gains of a trade to...
158.For section 44 substitute— Investment and insurance companies: computation (1) In calculating the profits of an investment company for...
159.In section 53(2)(f) (amendments consequential on the substitution of a...
160.(1) Amend section 69 (chargeable events in relation to employee...
163.(1) Amend Schedule 5 (employee share ownership trusts) as follows....
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
Social Security Contributions and Benefits Act 1992 (c. 4)
169.The Social Security Contributions and Benefits Act 1992 is amended...
170.In section 1 (outline of contributory system), in subsection (2)(bb)...
171.In section 2 (categories of earners), in subsection (1)(a) for...
172.(1) Amend section 4 (payments treated as remuneration and earnings)...
173.In section 7(1)(b) (meaning of “secondary contributor”) for “emoluments” in...
174.(1) Amend section 10 (Class 1A National Insurance contributions: benefits...
175.(1) Amend section 10ZA (liability of third party provider of...
176.(1) Amend section 10ZB (non-cash vouchers provided by third parties)...
177.(1) Amend section 10A (Class 1B National Insurance contributions) as...
178.(1) Amend section 122(1) (interpretation of Parts 1 to 6...
179.In section 126(5)(a)(ii) (trade disputes) for “emoluments in pursuance of...
180.(1) Amend section 150(2) (interpretation of Part 10) as follows....
181.In section 163(1) (interpretation of Part 11), in paragraph (a)...
182.In section 171(1) (interpretation of Part 12), in paragraph (a)...
183.In section 171ZJ(2)(a) (Part 12ZA: supplementary) for “emoluments chargeable to...
184.In section 171ZS(2)(a) (Part 12ZB: supplementary) for “emoluments chargeable to...
185.In Schedule 1 (supplementary provisions relating to contributions of Classes...
Social Security Administration Act 1992 (c. 5)
186.The Social Security Administration Act 1992 is amended as follows....
187.(1) Amend section 139(11) (definitions used in provisions relating to...
188.(1) Amend section 159B(6) (effect of alterations affecting state pension...
189.(1) Amend section 162(5) (destination of national insurance contributions) as...
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
190.The Social Security Contributions and Benefits (Northern Ireland) Act 1992...
191.In section 1 (outline of contributory system), in subsection (2)(bb)...
192.In section 2 (categories of earners), in subsection (1)(a) for...
193.(1) Amend section 4 (payments treated as remuneration and earnings)...
194.In section 7(1)(b) (meaning of “secondary contributor”) for “emoluments” in...
195.(1) Amend section 10 (Class 1A National Insurance contributions: benefits...
196.(1) Amend section 10ZA (liability of third party provider of...
197.(1) Amend section 10ZB (non-cash vouchers provided by third parties)...
198.(1) Amend section 10A (Class 1B National Insurance contributions) as...
199.(1) Amend section 121(1) (interpretation of Parts 1 to 6...
200.In section 125(5)(a)(ii) (trade disputes) for “emoluments in pursuance of...
201.(1) Amend section 146(2) (interpretation of Part 10) as follows....
202.In section 159(1) (interpretation of Part 11), in paragraph (a)...
203.In section 167(1) (interpretation of Part 12), in paragraph (a)...
204.In Schedule 1 (supplementary provisions relating to contributions of Classes...
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Taxation of Chargeable Gains Act 1992 (c. 12)
207.The Taxation of Chargeable Gains Act 1992 is amended as...
209.In section 11(1) (visiting forces, agents-general etc.)—
210.(1) Amend section 120 (increased expenditure by reference to tax...
211.(1) Amend section 149B (employee incentive schemes: conditional interests in...
212.After section 149B insert— Priority share allocations Section 17(1) shall not apply to an acquisition of shares...
213.In section 222(8D)(b) (relief on disposal of private residence), for...
214.In section 236A (employee share ownership plans), and in the...
215.In section 238(2)(a) (approved profit sharing and share option schemes),...
216.After section 238 insert— Approved share schemes and share incentives...
217.After section 263 insert— Former employees: employment-related liabilities (1) This section applies if— (a) a deduction of the...
218.In section 271 (other miscellaneous exemptions), for subsection (1)(c) substitute—...
220.(1) Amend Schedule 7C (relief for transfers to approved share...
221.After Schedule 7C insert— SCHEDULE 7D Approved share schemes and...
Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))
Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))
Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14))
Capital Allowances Act 2001 (c. 2)
248.(1) Amend section 20 (employments and offices) as follows.
249.In section 61(2) (disposal events and disposal values), in entry...
250.In section 63(1) (cases in which disposal value is nil)...
251.In section 72(3) (disposal values), in entry 2(b) of the...
252.In section 88(c) (sales at under-value) for “Schedule E” substitute...
253.In section 262 (employments and offices)— (a) in paragraph (a)...
254.In section 423(1) (disposal value for sections 421 and 422),...
Social Security Contributions (Share Options) Act 2001 (c. 20)
State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))
Part 2 Employment income: charge to tax
Part 3 Employment income: earnings and benefits etc. treated as earning
Part 4 Employment income: exemptions
Part 6 Employment income: income which is not earnings or related to securities
Part 7 Employment income: income related to securities
Enterprise management incentives
77.(1) This paragraph applies where, immediately before 6th April 2003,...
78.(1) In section 535 (disqualifying events relating to employee), subsections...
79.(1) Section 536 (other disqualifying events) has effect in relation...
80.(1) Section 537 (alteration of share capital for purposes of...
81.In a case where the qualifying option was granted before...
82.(1) This paragraph relates to the operation of section 541(2)...
83.In Schedule 5 (enterprise management incentives), paragraph 41(6) (like other...
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