# Income Tax (Earnings and Pensions) Act 2003, Section 312H: Excluded payments


(1) For the purposes of section 312B, a payment is “excluded” if the employee is a party to arrangements (whether made before or after the beginning of the employee's employment) under which—
(a) the employee gives up the right to receive an amount of general earnings or specific employment income in return for the provision of the payment, or
(b) the employee and employer agree that the employee is to receive the payment rather than receive some other description of employment income.
(2) In this section references to an employee include a former employee.

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Source: https://www.legislation.gov.uk/ukpga/2003/1/section/312H (the official version)
Page: https://openlegislation.uk/income-tax-earnings-and-pensions-act-2003/section-312H
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.