Part 6

Employment income: income which is not earnings or share-related
Chapter 3

Payments and benefits on termination of employment etc.

Preliminary

Meaning of “benefit”
402
1
In this Chapter “benefit” includes anything in respect of which, were it received for performance of the duties of the employment, an amount—
a
would be taxable earnings from the employment, or
b
would be such earnings apart from an earnings-only exemption.
This is subject to subsections (2) to (4).
2
In this Chapter “benefit” does not include a benefit received in connection with the termination of a person’s employment that is a benefit which, were it received for performance of the duties of the employment, would fall within—
a
section 239(4) (exemption of benefits connected with taxable cars and vans and exempt heavy goods vehicles), so far as that section applies to a benefit connected with a car or van,
b
section 269 (exemption where benefits or money obtained in connection with taxable car or van or exempt heavy goods vehicle),
c
section 319 (mobile telephones), or
d
section 320 (limited exemption for computer equipment).
3
In this Chapter “benefit” does not include a benefit received in connection with any change in the duties of, or earnings from, a person’s employment to the extent that it is a benefit which, were it received for performance of the duties of the employment, would fall within section 271(1) (limited exemption of removal benefits and expenses).
4
The right to receive a payment or benefit is not itself a benefit for the purposes of this Chapter.