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Income Tax (Earnings and Pensions) Act 2003
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Changes over time for: Section 236
Alternative versions:
- 06/04/2003- Amendment
- 22/07/2004- Amendment
- 18/11/2015- Amendment
- 27/04/2017- Amendment
- 27/04/2017
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Income Tax (Earnings and Pensions) Act 2003, Section 236 is up to date with all changes known to be in force on or before 22 May 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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236Interpretation of this ChapterU.K.
This section has no associated Explanatory Notes
(1)In this Chapter—
“business travel” means travelling the expenses of which, if incurred and paid by the employee in question, would (if this Chapter did not apply) be deductible under sections 337 to 342;
“mileage allowance payments” has the meaning given by section 229(2);
“passenger payments” has the meaning given by section 233(3).
[F1(1A)For journeys that are treated as business travel for the purposes of certain provisions of this Chapter, see section 235A (journeys made by members of local authorities etc).]
(2)For the purposes of this Chapter a vehicle is a “company vehicle” in a tax year if in that year—
(a)the vehicle is made available to the employee by reason of the employment and is not available for the employee’s private use, or
(b)[F2an amount in respect of] the benefit of the vehicle is to be treated as the employee’s earnings for the tax year by virtue of—
(i)section 120 [F3or 120A] (benefit of car treated as earnings),
(ii)section 154 [F4or 154A] (benefit of van treated as earnings), or
(iii)section 203 [F5or 203A] (residual liability to charge: benefit treated as earnings), or
(c)in the case of a car or van, [F6an amount in respect of] the benefit of the car or van would be required to be so treated if sections 167 and 168 (exceptions for pooled cars and vans) [F7and section 248A (emergency vehicles)] did not apply, or
(d)in the case of a cycle, the cash equivalent of the benefit of the cycle would be required to be treated as the employee’s earnings for the tax year under Chapter 10 of Part 3 (taxable benefits: residual liability to charge) if section 244(1) (exception for cycles made available) did not apply.
(3)Sections 117 and 118 (when cars and vans are made available by reason of employment and are made available for private use) apply for the purposes of subsection (2).
Textual Amendments
F1S. 236(1A) inserted (with effect in accordance with s. 29(7) of the amending Act) by Finance (No. 2) Act 2015 (c. 33), s. 29(4)
F2Words in s. 236(2)(b) substituted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 52(1)(a)
F3Words in s. 236(2)(b)(i) inserted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 52(1)(b)
F4Words in s. 236(2)(b)(ii) inserted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 52(1)(c)
F5Words in s. 236(2)(b)(iii) inserted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 52(1)(d)
F6Words in s. 236(2)(c) substituted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 52(2)
F7Words in s. 236(2)(c) inserted (with effect in accordance with s. 81(3) of the amending Act) by Finance Act 2004 (c. 12), s. 81(2)
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