The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2017

These Regulations may be cited as the Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2017 and come into force on 6th April 2017.

These Regulations have effect in relation to awards of tax credit for the tax year 2017-18 and subsequent tax years.

in paragraph (1)—

in paragraph (4) after “disregarded” insert “except where the payment or benefit is provided pursuant to optional remuneration arrangements and is neither a special case benefit nor an excluded benefit”, and

after paragraph (5) insert—

“(6)

For the purposes of this regulation, a benefit is provided pursuant to optional remuneration arrangements if it is provided under either—

(a)

arrangements under which, in return for the benefit, the claimant gives up the right (or a future right) to receive an amount of earnings within Chapter 1 of Part 3 of ITEPA (“Type A arrangements”), or

(b)

arrangements (other than Type A arrangements) under which the claimant agrees to be provided with the benefit rather than an amount of earnings within Chapter 1 of Part 3 of ITEPA.

(7)

The relevant amount, in relation to a benefit provided pursuant to an optional remuneration arrangement, means the amount treated for income tax purposes as earnings from employment for the tax year by reason of the benefit being provided pursuant to optional remuneration arrangements.

(8)

A benefit is a special case benefit if it is exempted from a charge to income tax by any of the following provisions in ITEPA—

(a)

section 289A (exemption for paid or reimbursed expenses)^f2,

(b)

section 289D (exemption for other benefits)^f3,

(c)

section 308B (independent advice in respect of conversions and transfers of pension scheme benefits)^f4,

(d)

section 312A (limited exemption for qualifying bonus payments)^f5,

(e)

section 317 (subsidised meals)^f6,

(f)

section 320C (recommended medical treatment)^f7, and

(g)

section 323A (trivial benefits provided by employers)^f8.

(9)

A benefit is an excluded benefit if—

(a)

it is exempted from a charge to income tax by any of the following provisions in ITEPA—

(i)

section 239 (payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles)^f9,

(ii)

section 244 (cycles and cyclist’s safety equipment)^f10,

(iii)

section 266(2)(c) (non-cash voucher regarding entitlement to exemption under section 244),

(iv)

section 270A (limited exemption for qualifying childcare vouchers)^f11,

(v)

section 308 (exemption of contribution to registered pension scheme)^f12,

(vi)

section 308A (exemption of contribution to overseas pension scheme)^f13,

(vii)

section 309 (limited exemptions for statutory redundancy payments),

(viii)

section 310 (counselling and other outplacement services)^f14,

(ix)

section 311 (retraining courses)^f15,

(x)

section 318 (childcare: exemption for employer-provided care)^f16, or

(xi)

section 318A (childcare: limited exemption for other care)^f17, or

(b)

it is a payment, or reimbursement of costs incurred by the claimant, in respect of pension advice and that payment or reimbursement is exempt from a charge to income tax under Chapter 9 of Part 4 of ITEPA.

(10)

A car’s CO₂ emissions figure is to be determined in accordance with sections 133 to 138 of ITEPA (cars: the appropriate percentage)^f18.”.