REV BN 5: Tax Treatment of Financial support for adopters

 
 

Who is likely to be affected?

  1. Adoptive families receiving financial support from local authorities and adoption agencies.

  2. Local authorities and adoption agencies who determine whether to provide financial support and how much support to give.

General description of the measure

  1. The measure ensures that payments of financial support to adopters by local authorities or adoption agencies continue to be free of tax under new legislation recently brought in by the Department of Health.

Operative date

  1. 6 April 2003 for new legislation - though payments under previous legislation continue to be free of tax before this date.

Current law and proposed revisions

  1. Adoption allowances are currently exempt from tax because of an extra-statutory concession (ESC A40) given by the Inland Revenue. However, this concession will not apply to financial support paid under the new Adoption and Children Act 2002 so new legislation is being put in place.

  2. The proposal in the Budget is to put the tax exemption of adoption support on to a statutory footing. Payments of financial support to adopters across the UK, including existing adoption allowances, will be free of tax under primary legislation. The Treasury also intends to take a power which will allow it to exempt from tax through secondary legislation any payments to adopters which might be introduced in the future. To ensure the list of payments to adopters in the Taxes Act remains up to date, the power will also allow the Treasury to remove from the Taxes Act a description of a payment to adopters which can no longer be made.

Further advice

  1. If you have any questions about this change, please contact the Public Enquiry Unit on 020 7438 6420 to 6425.

www.inlandrevenue.gov.uk

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