EIM20201 – The benefits code: directors excluded

Section 216(2) and (3) ITEPA 2003

The full benefits code ( EIM20006) applies to most directors, except if the employment is an excluded employment ( EIM20007).

Director’s employment excluded from the benefits code

A director’s employment is deemed to be an excluded employment if the following conditions are satisfied:

  • the earnings are less than £8,500 a year ( EIM20101 onwards) and
  • the director is either
  • a full-time working director of the company ( EIM20202 to EIM20203) or
  • employed by a non-profit-making company or one established for charitable purposes only ( EIM20210) and
  • the director does not have a material interest in the company ( EIM20212) and
  • any other employment the director holds with employers under the same control also satisfies the three previous conditions.

"Control" has the meaning given to it by Section 69 ITEPA 2003 ( EIM20213).