EIM21900 - Benefits: exemption for employer supported childcare: general: arrangement of guidance

Sections 318, 318A, 318B, 318C, 318D ITEPA 2003

When an employer provides childcare facilities for children of employees (other than lower paid employees) the provision gives rise to taxable earnings under the benefits code (see EIM21687).

Section 318 provided a limited exemption for some forms of provision for years up to 5 April 2005. It mainly applies to workplace nurseries in some narrow circumstances. See EIM21905 for an overview of the circumstances when the exemption applies.

From 6 April 2005 new provisions in Section 318A – D extended the existing exemption. See the summary of the changes at EIM21902.

Arrangement of guidance

The guidance is set out in four main blocks:

EIM21900Employer supported childcare: introduction and overview
EIM21902Employer supported childcare: summary of exemptions before and after 5 April 2005
EIM21905Exemption for workplace nurseries to 5 April 2005: overview
EIM21910Meaning of childcare to 5 April 2005
EIM21915Premises provided by the employer: conditions to be met to 5 April 2005
EIM21920Joint provision with other employers: further conditions to 5 April 2005
EIM21925Responsibility for financing to 5 April 2005
EIM21930Responsibility for management to 5 April 2005
EIM21940Conditions relating to the child to 5 April 2005
EIM21945Exclusion where premises used as private dwelling to 5 April 2005
EIM21950Registration requirements to 5 April 2005
EIM21960Requests for pre-transaction rulings
EIM21970Commercially marketed nursery schemes to 5 April 2005
EIM21990Employer provided childcare: exemptions effective from 6 April 2005
EIM21995Benefits: exemptions for certain employer provided childcare from 6 April 2005: summary of the new provisions
EIM22000Benefits: exemptions: workplace nursery provision from 6 April 2005
EIM22005Benefits: exemptions: “other childcare” provided by the employer: rules from 6 April 2005
EIM22010Benefits: exemptions: childcare and childcare vouchers provided by the employer: rules from 6 April 2005: the exempt amount
EIM22015Benefits: exemptions: childcare and childcare vouchers: rules from 6 April 2005: conditions: availability to all employees
EIM22020Benefits: exemptions: childcare and childcare vouchers: rules from 6 April 2005: meaning of “child”, “disabled child” and “patient”
EIM22025Benefits: exemptions: childcare and childcare vouchers: rules from 6 April 2005: meaning of “parental responsibility”
EIM22030Benefits: exemptions: childcare and childcare vouchers: rules from 6 April 2005: meaning of “care” and “qualifying childcare”

Guidance on vouchers given to employees to pay for qualifying childcare begins at EIM16055.