EIM00700 - Employment income: inducement payments: golden hellos
Section 62 ITEPA 2003
A payment to induce someone to take up an office or employment
is taxable as earnings within Section 62 ITEPA 2003 if it is a
payment from the employment. Such payments are often called golden
hellos and are usually made by the new employer. However payments
made by third parties (including the old employer) will be taxable
as earnings if they are paid to induce someone to become an
employee.
In Glantre Engineering Ltd v Goodhand (56TC165) a company
paid a lump sum to an accountant employed by a firm of accountants
to induce him to become one of the directors. The payment was held
to be taxable as earnings within Section 62 because it was an
inducement to him to change his job and was referable to the
services he would give in his new post.
In Shilton v Wilmshurst (64TC78) a footballer who transferred
from Nottingham Forest to Southampton received payments from both
clubs for agreeing to sign on with Southampton. It was held that
both payments were taxable under Section 62 as earnings from the
employment with Southampton. It was sufficient that both payments
were made in return for the taxpayer becoming an employee of
Southampton. In particular it was not necessary for the Inland
Revenue to show that Nottingham Forest, in making the payment, had
any interest in the taxpayer's contract of employment with
Southampton beyond his actual agreement to sign on.
However where a payment on taking up employment is said to be
for the surrender of an asset or loss of a valuable right, see
EIM00710.
It is important to establish all the facts that surround the
making of an inducement payment (see
EIM00720).
(This text has been withheld because of exemptions in the
Freedom of Information Act 2000)
