EIM12800 - Termination payments and benefits: table of contents

Termination payments and benefits: introduction

EIM12805Introduction: finding the facts
EIM12810Introduction: legislation to be applied
EIM12815Interactions with non-cash benefits provided through termination
EIM12820Handling enquiries
EIM12825Handling enquiries: application of Code of Practice 10 (COP10)
EIM12827Handling enquiries: Employer's Further Guide to PAYE and NICs (CWG2)

Termination payments and benefits: tax treatment of particular items

EIM12830Common questions relating to termination payments and benefits: cross-references to information
EIM12850The most common termination payments and benefits taxable in full
EIM12852Compensation for loss of office
EIM12855Compromise agreements: general
EIM12856Compromise agreements: earnings
EIM12870Action required if a payment is not chargeable under Sections 62, 225 or 393 ITEPA 2003

Payments under the Employment Rights Act 1996 and other employment statute

EIM12950Employment Tribunals: general
EIM12960Employment Tribunals: unfair dismissal
EIM12965Compensation for discrimination
EIM12970Employment Tribunals: wrongful dismissal

Payments in lieu of notice (PILONs)

EIM12975Payments in lieu of notice (PILONs) and gardening leave: general
EIM12976Contractual payments
EIM12977Automatic or customary payments
EIM12978Damages and agreements
EIM12979Agreements

Termination payments and benefits: Section 401 ITEPA 2003

Section 401 ITEPA 2003: general
EIM13000General
EIM13005Types of payment within Section 401 ITEPA 2003
Section 401 ITEPA 2003: scope
EIM13010Scope of charge
EIM13012In connection with
EIM13020Details
EIM13030Benefits
Section 401 ITEPA 2003: foreign aspects
EIM13050Section 401 ITEPA 2003: foreign aspects
Section 401 ITEPA 2003: damages
EIM13070Calculation of damages: the Gourley principle
Section 401 ITEPA 2003: miscellaneous
EIM13100Year of assessment
EIM13110Meaning of received
EIM13120Certain payments made on behalf of or to the order of the employee excluded from charge
Section 401 ITEPA 2003: non-cash benefits
EIM13250Treatment of non-cash benefits for Section 401 ITEPA 2003: general
EIM13270Valuation of non-cash benefits received on or after 6 April 1998: cash equivalent
EIM13280Valuation of non-cash benefits received on or after 6 April 1998: usual application of cash equivalent definition.
EIM13290Non-cash benefits received on or after 6 April 1998 but previously charged to tax
EIM13310Benefits other than living accommodation received after 6 April 1998: cash equivalent: rules appropriate for particular benefits
EIM13320Benefits other than living accommodation received on or after 6 April 1998: cash equivalent of beneficial loans treated as payment of interest
EIM13330Benefit of living accommodation received on or after 6 April 1998: cash equivalent
Section 401 ITEPA 2003: threshold, exceptions and reduction
EIM13500General
Section 401 ITEPA 2003: the £30,000 threshold
EIM13505£30,000 threshold: single payment or benefit
EIM13520£30,000 threshold: application for receipts on or after 6 April 1998
EIM13530£30,000 threshold: aggregating receipts
EIM13540Meaning of associated employers
EIM13550Record of threshold allowed
Section 401 ITEPA 2003: death
EIM13600Payments on death
Section 401 ITEPA 2003: injury and disability
EIM13610Injury and disability payments: general
EIM13620Meaning of disability: Statement of Practice 2/1981
EIM13630Meaning of disability: Hasted v Horner (67TC439)
EIM13640Disability cases: reports to Employment Income Technical
EIM13650Interaction with capital gains tax
Section 401 ITEPA 2003: other exceptions
EIM13660Lump sums from certain pension schemes
EIM13670Lump sums from overseas schemes: Extra-Statutory Concession A10
EIM13680Foreign service: general
EIM13690Foreign service: definition and full exception
EIM13700Foreign service: reduction of charge
EIM13705Foreign service: service before 6 April 1974
EIM13710Benefits and other payments in respect of certain overseas territories
EIM13720H M Forces
EIM13730Double taxation relief
EIM13735Contributions to approved retirement benefits schemes, etc
EIM13740Payments to meet legal costs connected with termination
EIM13745Payments for outplacement counselling
EIM13747Additional lump sum compensation payment (ALSCP)

Termination payments and benefits: redundancy payments

EIM13750General
EIM13760Statutory redundancy payments
EIM13765Payments made under contractual terms
EIM13775Non-statutory redundancy payments: general
EIM13785Non-statutory redundancy payments: Statement of Practice 1/1994: general
EIM13790Non-statutory redundancy payments: Statement of Practice 1/1994: clearance applications
EIM13800Meaning of redundancy: statutory definition
EIM13802Meaning of redundancy: application of statutory definition
EIM13810Re-engagements: general
EIM13820Re-engagements: interaction of employment and tax law
EIM13825Site agreements for short-service employees: general
EIM13830Site agreements for short-service employees: tax treatment
EIM13832Site agreements for short-service employees: reports
EIM13834Severance payments made under the working rule agreement for the engineering construction industry
EIM13836Severance payments linked to Section 135 Employment Rights Act 1996: industries other than engineering construction
EIM13838Severance payments made under the working rule agreement for the engineering construction industry: scale of payments
EIM13840Redundancy payments by Department of Trade and Industry, etc: enquiries: exchange of information
EIM13842Redundancy payments by Department of Trade and Industry, etc: tax treatment

Termination payments and benefits: Section 401 ITEPA 2003: employer aspects

EIM13844Reports by employers of payments and benefits within Section 401: settlements made after 5 April 1998: general
EIM13850Reports by employers of payments and benefits within Section 401: settlements made after 5 April 1998: contents of report
EIM13855Reports by employers of payments and benefits within Section 401: settlements made after 5 April 1998: subsequent reports
EIM13870Employer's PAYE responsibilities
EIM13872Assessment of Section 401 payments and benefits

Termination payments and benefits: Examples

EIM13900Introduction
EIM13905Interaction with benefits received during employment
EIM13906Interaction with benefits received during employment: Part 3 Chapter 6 ITEPA 2003
EIM13910In connection with
EIM13911Provider of the payment or benefit
EIM13912Provision received after termination
EIM13914Legal obligation to pay
EIM13916Payments and benefits received by someone other than the employee
EIM13918Payments and benefits provided on behalf of the employee, or to the employee's order
EIM13920Compensation for loss of office
EIM13922Damages for breach of contract
EIM13924Compromise agreements
EIM13932Year of assessment for payments and benefits received on or after 6 April 1998
EIM13934Non-cash benefits received on or after 6 April 1998: Section 62 value
EIM13955Examples of how the £30,000 threshold operates for receipts on or after 6 April 1998.
EIM13965Meaning of associated employers
EIM13970Foreign service exception: calculation
EIM13975Foreign service exception: groups
EIM13980Foreign service reduction: interaction with the £30,000 threshold
EIM13985Foreign service reduction: calculation
EIM13990Redundancy: Statement of Practice 1/1994: conditional payments
EIM13995Calculation of damages: Gourley principle