Section 402 — Income Tax (Earnings and Pensions) Act 2003: Meaning of “benefit”

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.