Finance (No. 2) Bill - continued        House of Commons
Schedule 11, PAYMENTS AND OTHER BENEFITS IN CONNECTION WITH TERMINATION OF EMPLOYMENT, ETC. - continued

back to previous text
 
  PART II
  CONSEQUENTIAL AMENDMENTS
 
Income and Corporation Taxes Act 1988 (c.1)
     1. In section 189 of the Taxes Act 1988 (exemption of lump sums benefits on retirement), in paragraph (a) for "payment of compensation to which section 188(2) applies" substitute "payment or other benefit chargeable to tax under section 148".
 
     2. In section 190 of the Taxes Act 1988 (payments to MPs and others exempt from tax as emoluments), for the words from "but without prejudice" to the end substitute "but without prejudice to any charge to tax under section 148".
 
     3. In section 202B(8) of the Taxes Act 1988 (receipts basis of assessment), for "143(1)(a) or 148(4)" substitute "or 143(1)(a)".
 
     4. In section 833(3)(a) of the Taxes Act 1988 (calculation of top slice of a person's income), after "payment" insert "or other benefit".
 
 
Finance Act (1995 c.4)
     5. In section 92 of the Finance Act 1995 (post-employment deductions), for subsection (10) substitute-
 
 
    "(10) Tax shall not be charged under section 148 of the Taxes Act 1988 (payments and other benefits in connection with termination of employment etc) in respect of a payment or other benefit received by an individual, or an individual's executors or administrators, in so far as-
 
 
    (a) in the case of a cash benefit, it is provided for meeting the cost of an amount to which this subsection applies, or
 
    (b) in the case of a non-cash benefit, it is or represents a benefit equivalent to the cost of defraying such an amount.
 This subsection applies to an amount which, without being an amount to which this section applies, would fall to be treated as such an amount if subsection (4) of this section were omitted and, where the individual has died, he had not died but had himself defrayed any amounts defrayed by his executors or administrators.".
 
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 1998
Prepared 6 April 1998