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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 March 2005 - onwards

17. Restriction of deductions for employee benefit contributions.

Chapter 6 of Part 4 of the Principal Act is, with effect from 3 February 2005, amended by inserting the following section after section 81:

"81A.

(1)

(a) In this section -

'accident benefit scheme' means an employee benefit scheme under which benefits may be provided only by reason of a person's disablement, or death, caused by an accident occuring during the person's service as an employee of the employer;

'chargeable period' has the same meaning as in section 321;

'employee benefit scheme' means a trust, scheme or other arrangement for the benefit of persons who are employees of an employer;

'qualifying expenses', in relation to a third party and an employee benefit scheme, does not include expenses that, if incurred by the employer, would not be allowed as a deduction in calculating the profits or gains of the employer to be charged to tax under Case I or II of Schedule D but, subject to the foregoing, includes any expenses of the third party (apart from the provision of benefits to employees of the employer) incurred in the operation of the employee benefit scheme.

(b) For the purposes of this section -

(i) an employer makes an employee benefit contribution if -

(I) the employer pays money or transfers an asset to another person (referred to in this section as the 'third party'), and