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Income Tax (Earnings and Pensions) Act 2003, Part 13 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Treasury may by order increase or further increase the sums of money specified in any of the following provisions.
(2)They are—
(a)section 179(2)(a) (limit on exception for advances for necessary expenses),
(b)section 241(3)(a) and (b) (incidental overnight expenses: overall exemption limit),
(c)section 264(2) and (3) (annual parties and functions),
(d)section 287(1) (limit on exemption under Chapter 7 of Part 4: removal benefits and expenses),
(e)section 322(1) and (4) (suggestion awards: “the permitted maximum”),
(f)section 323(2) (long service awards),
(g)section 324(6) (small gifts from third parties), and
(h)section 358(3)(b) (business entertainment and gifts: other exceptions).
(3)An order relating to section 241(3)(a) or (b) may make provision for determining what earnings are treated as received on or after the date when the order comes into force.
(4)An order relating to section 287(1) applies to a change of an employee’s residence where the employment change occurs on or after the day specified in the order for the purpose.
“The employment change” here has the same meaning as in Chapter 7 of Part 4 (see section 275).
Textual Amendments
F1S. 716A and cross-heading inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 615 (with Sch. 2)
Any income, so far as it falls within—
(a)Part 2, 9 or 10 of this Act, and
(b)Chapter 3 of Part 4 of ITTOIA 2005 (dividends etc. from UK resident companies etc.),
is dealt with under Chapter 3 of Part 4 of ITTOIA 2005.]
(1)Any power of the Treasury or [F3the Commissioners for Her Majesty’s Revenue and Customs] to make any order or regulations under this Act is exercisable by statutory instrument.
This is subject to subsection (2).
(2)Subsection (1) does not apply to the power conferred by section 28(5) (overseas Crown employment: order excepting certain earnings) [F4or section 421L(7) (persons to whom section 421J applies: order in relation to excluded securities).]
(3)Any statutory instrument containing any order or regulations made by the Treasury or [F3the Commissioners for Her Majesty’s Revenue and Customs] under this Act is subject to annulment in pursuance of a resolution of the House of Commons.
This is subject to subsection (4).
(4)Subsection (3) does not apply to any statutory instrument made under section 343(3) (deduction for professional membership fees: order adding certain fees) [F5or section 688A(7) (PAYE regulations: managed service companies)].
Textual Amendments
F2Words in s. 717 title substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(3)(l); S.I. 2005/1126, art. 2(2)(h)
F3Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(2); S.I. 2005/1126, art. 2(2)(h)
F4Words in s. 717(2) inserted (19.7.2007) by Finance Act 2007 (c. 11), Sch. 26 para. 10(3)
F5Words in s. 717(4) inserted (retrospective to 6.4.2007) by Finance Act 2007 (c. 11), s. 25(2), Sch. 3 para. 7
[F6Section 993 of ITA 2007] (how to tell whether persons are connected) applies for the purposes of this Act.
Textual Amendments
F6Words in s. 718 substituted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 442 (with Sch. 2)
[F8Section 995 of ITA 2007 (meaning of “control”)] applies for the purposes of this Act, unless otherwise indicated.
Textual Amendments
F7S. 719 sidenote substituted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 443(b) (with Sch. 2)
F8Words in s. 719 substituted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 443(a) (with Sch. 2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9S. 720 repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 119, Sch. 5; S.I. 2005/1126, art. 2(2)(h)(i)
(1)In this Act—
“cash voucher” has the same meaning as in Chapter 4 of Part 3 (see section 75),
[F10“the Contributions and Benefits Act” means SSCBA 1992 or SSCB(NI)A 1992;]
“credit-token” has the same meaning as in Chapter 4 of Part 3 (see section 92),
[F11“foreign employer” means an individual, partnership or body of persons resident outside, and not resident in, the United Kingdom,]
“non-cash voucher” has the same meaning as in Chapter 4 of Part 3 (see section 84),
F12...
F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Any reference in this Act to being domiciled in the United Kingdom is to be read as a reference to being domiciled in any part of the United Kingdom.
(4)For the purposes of this Act the following are members of a person’s family—
(a)the person’s spouse [F14or civil partner],
(b)the person’s children and their spouses [F15or civil partners],
(c)the person’s parents, and
(d)the person’s dependants.
(5)For the purposes of this Act the following are members of a person’s family or household—
(a)members of the person’s family,
(b)the person’s domestic staff, and
(c)the person’s guests.
(6)The following provisions (which relate to the legal equality of illegitimate children) are to be disregarded in interpreting references in this Act to a child or children—
(a)section 1 of the Family Law Reform Act 1987 (c. 42);
(b)the paragraph inserted in Schedule 1 to the Interpretation Act 1978 (c. 30) by paragraph 73 of Schedule 2 to the 1987 Act;
(c)section 1(2) of the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9);
(d)Article 155 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(7)In the employment income Parts any reference to earnings which is not limited by the context—
(a)to earnings within Chapter 1 of Part 3, or
(b)to any other particular description of earnings,
includes a reference to any amount treated as earnings by any of the provisions mentioned in section 7(5) (meaning of “employment income” etc.).
Textual Amendments
F10Words in s. 721(1) inserted (1.9.2004) by Finance Act 2004 (c. 12), s. 85(2), Sch. 16 para. 7(2); S.I. 2004/1945, art. 2
F11Words in s. 721(1) substituted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 39
F12Words in s. 721(1) repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 444(2)(b), Sch. 3 Pt. 1 (with Sch. 2)
F13S. 721(2) repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 444(3), Sch. 3 Pt. 1 (with Sch. 2)
F14Words in s. 721(4)(a) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 168(a)
F15Words in s. 721(4)(b) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 168(b)
Modifications etc. (not altering text)
C1S. 721 applied (6.4.2006) by The Registered Pension Schemes (Co-ownership of Living Accommodation) Regulations 2006 (S.I. 2006/133), regs. 1, 5(6) (with reg. 2)
C2S. 721 applied (6.4.2006) by Finance Act 2004 (c. 12), ss. 173(11), 284(1) (with Sch. 36)
Schedule 6 contains consequential amendments.
(1)This Act comes into force on 6th April 2003 and has effect—
(a)for the purposes of income tax, for the tax year 2003-04 and subsequent tax years, and
(b)for the purposes of corporation tax, for accounting periods ending after 5th April 2003.
(2)Subsection (1) is subject to Schedule 7, which contains transitional provisions and savings.
(1)The enactments specified in Part 1 of Schedule 8 (which include certain spent provisions) are repealed to the extent specified.
(2)The instruments specified in Part 2 of that Schedule are revoked to the extent specified.
This Act may be cited as the Income Tax (Earnings and Pensions) Act 2003.
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