BIM44525 - Specific deductions: Employee benefit trusts: used with accident benefit schemes

Employers may contribute to trusts set up to provide benefits (usually relatively small) to employees who suffer injuries at work, or to their families. Typically the trust is set up by a trade union or employers’ organisation in a particular industry sector and employers contribute on a per employee / per week basis. As and when an appropriate injury or disability occurs a contributing employer or the employee may approach the trustees and ask for payments to be made in accordance with the rules of the scheme.

An employer’s contribution to a trust set up solely to provide accident benefits to employees is an allowable deduction in computing the taxable profits from the employer’s trade.

Timing of deduction

The timing of the deduction follows the treatment of the employer’s contribution in its accounts prepared in accordance with generally accepted accounting practice. It is not affected by the anti- avoidance legislation in FA03/SCH24.

FA03/SCH24/PARA8 specifies that it does not apply to deductions in respect of contributions to an accident benefit scheme. An accident benefit scheme is defined as a ‘scheme under which benefits may be provided only by reason of a person’s disablement, or death, caused by an accident occurring during his service as an employee of the employer’.