EIM12800 - Termination payments and benefits: table of contents

Termination payments and benefits: introduction


EIM12805

Introduction: finding the facts

EIM12810

Introduction: legislation to be applied

EIM12815

Interactions with non-cash benefits provided through termination

EIM12820

Handling enquiries

EIM12825

Handling enquiries: application of Code of Practice 10 (COP10)

EIM12827

Handling enquiries: Employer's Further Guide to PAYE and NICs (CWG2)

Termination payments and benefits: tax treatment of particular items


EIM12830

Common questions relating to termination payments and benefits: cross-references to information

EIM12850

The most common termination payments and benefits taxable in full

EIM12852

Compensation for loss of office

EIM12855

Compromise agreements: general

EIM12856

Compromise agreements: earnings

EIM12870

Action required if a payment is not chargeable under Sections 62, 225 or 394 ITEPA 2003

Payments under the Employment Rights Act 1996 and other employment statute


EIM12950

Employment Tribunals: general

EIM12960

Employment Tribunals: unfair dismissal

EIM12965

Compensation for discrimination

EIM12970

Employment Tribunals: wrongful dismissal

Payments in lieu of notice (PILONs)


EIM12975

Payments in lieu of notice (PILONs) and gardening leave: general

EIM12976

Contractual payments

EIM12977

Automatic or customary payments

EIM12978

Damages and agreements

EIM12979

Agreements

Termination payments and benefits: Section 401 ITEPA 2003


 

Section 401 ITEPA 2003: general

EIM13000

General

EIM13005

Types of payment within Section 401 ITEPA 2003

 

Section 401 ITEPA 2003: scope

EIM13010

Scope of charge

EIM13012

In connection with

EIM13020

Details

EIM13030

Benefits: meaning

EIM13050

Section 401 ITEPA 2003: foreign aspects

EIM13070

Calculation of damages: the Gourley principle

 

Section 401 ITEPA 2003: miscellaneous

EIM13100

Year of assessment

EIM13110

Meaning of received

EIM13120

Certain payments made on behalf of or to the order of the employee excluded from charge

 

Section 401 ITEPA 2003: non-cash benefits

EIM13250

Treatment of non-cash benefits for Section 401 ITEPA 2003: general

EIM13270

Valuation of non-cash benefits received on or after 6 April 1998: cash equivalent

EIM13280

Valuation of non-cash benefits received on or after 6 April 1998: usual application of cash equivalent definition.

EIM13290

Non-cash benefits received on or after 6 April 1998 but previously charged to tax

EIM13310

Benefits other than living accommodation received after 6 April 1998: cash equivalent: rules appropriate for particular benefits

EIM13320

Benefits other than living accommodation received on or after 6 April 1998: cash equivalent of beneficial loans treated as payment of interest

EIM13330

Benefit of living accommodation received on or after 6 April 1998: cash equivalent

 

Section 401 ITEPA 2003: threshold, exceptions and reduction

EIM13500

General

 

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

EIM13540

Meaning of associated employers

EIM13550

Record of threshold allowed

 

Section 401 ITEPA 2003: death

EIM13600

Payments on death

 

Section 401 ITEPA 2003: injury and disability

EIM13610

Injury and disability payments: general

EIM13620

Meaning of disability: Statement of Practice 2/1981

EIM13630

Meaning of disability: Hasted v Horner (67TC439)

EIM13635

Typical disability case scenario

EIM13637

Agreements include non-disability claims

EIM13640

Disability cases: reports to Employment Income Technical

EIM13650

Interaction with capital gains tax

 

Section 401 ITEPA 2003: other exceptions

EIM13660

Lump sums from certain pension schemes

EIM13670

Lump sums from overseas schemes: Extra-Statutory Concession A10

EIM13680

Foreign service: general

EIM13690

Foreign service: definition and full exception

EIM13700

Foreign service: reduction of charge

EIM13705

Foreign service: service before 6 April 1974

EIM13710

Benefits and other payments in respect of certain overseas territories

EIM13720

H M Forces

EIM13730

Double taxation relief

EIM13735

Contributions to approved retirement benefits schemes, etc

EIM13740

Payments to meet legal costs connected with termination

EIM13745

Payments for outplacement counselling

EIM13747

Additional lump sum compensation payment (ALSCP)

Termination payments and benefits: redundancy payments


EIM13750

General

EIM13760

Statutory redundancy payments

EIM13765

Payments made under contractual terms

EIM13775

Non-statutory redundancy payments: general

EIM13785

Non-statutory redundancy payments: Statement of Practice 1/1994: general

EIM13790

Non-statutory redundancy payments: Statement of Practice 1/1994: clearance applications

EIM13800

Meaning of redundancy: statutory definition

EIM13802

Meaning of redundancy: application of statutory definition

EIM13810

Re-engagements: general

EIM13820

Re-engagements: interaction of employment and tax law

EIM13825

Site agreements for short-service employees: general

EIM13830

Site agreements for short-service employees: tax treatment

EIM13832

Site agreements for short-service employees: reports

EIM13834

Severance payments made under the working rule agreement for the engineering construction industry

EIM13836

Severance payments linked to Section 135 Employment Rights Act 1996: industries other than engineering construction

EIM13838

Severance payments made under the working rule agreement for the engineering construction industry: scale of payments

EIM13840

Redundancy payments by Department of Trade and Industry, etc: enquiries: exchange of information

EIM13842

Redundancy payments by Department of Trade and Industry, etc: tax treatment

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


EIM13844

Reports by employers of payments and benefits within Section 401: settlements made after 5 April 1998: general

EIM13850

Reports by employers of payments and benefits within Section 401: settlements made after 5 April 1998: contents of report

EIM13855

Reports by employers of payments and benefits within Section 401: settlements made after 5 April 1998: subsequent reports

EIM13870

Employer's PAYE responsibilities

EIM13872

Assessment of Section 401 payments and benefits

Termination payments and benefits: Examples


EIM13900

Introduction

EIM13905

Interaction with benefits received during employment

EIM13906

Interaction with benefits received during employment: Part 3 Chapter 6 ITEPA 2003

EIM13910

In connection with

EIM13911

Provider of the payment or benefit

EIM13912

Provision received after termination

EIM13914

Legal obligation to pay

EIM13916

Payments and benefits received by someone other than the employee

EIM13918

Payments and benefits provided on behalf of the employee, or to the employee's order

EIM13920

Compensation for loss of office

EIM13922

Damages for breach of contract

EIM13924

Compromise agreements

EIM13932

Year of assessment for payments and benefits received on or after 6 April 1998

EIM13934

Non-cash benefits received on or after 6 April 1998: Section 62 value

EIM13955

Examples of how the £30,000 threshold operates for receipts on or after 6 April 1998.

EIM13965

Meaning of associated employers

EIM13970

Foreign service exception: calculation

EIM13975

Foreign service exception: groups

EIM13980

Foreign service reduction: interaction with the £30,000 threshold

EIM13985

Foreign service reduction: calculation

EIM13990

Redundancy: Statement of Practice 1/1994: conditional payments

EIM13995

Calculation of damages: Gourley principle