Modifications etc. (not altering text)
C1Pt. 3 Ch. 10 excluded (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Tax (Exemption of Minor Benefits) (Coronavirus) Regulations 2020 (S.I. 2020/1293), regs. 1(2), 2 (with reg. 1(2))
(1)For the purposes of this Chapter the “annual rental value” of land is the rent which might reasonably be expected to be obtained on a letting from year to year if—
(a)the tenant undertook to pay all taxes, rates and charges usually paid by a tenant, and
(b)the landlord undertook to bear the costs of the repairs and insurance and other expenses (if any) necessary for maintaining the land in a state to command the rent.
(2)For the purposes of subsection (1) that rent—
(a)is to be taken to be the amount that might reasonably be expected to be so obtained in respect of the letting, and
(b)is to be calculated on the basis that the only amounts that may be deducted in respect of services provided by the landlord are amounts in respect of the cost to the landlord of providing any relevant services.
(3)If the land is of a kind that might reasonably be expected to be let on terms under which—
(a)the landlord is to provide any services which are either—
(i)relevant services, or
(ii)the repair, insurance or maintenance of any premises which do not form part of the land but belong to or are occupied by the landlord, and
(b)amounts are payable in respect of the services in addition to the rent,
the rent to be established under subsection (1) in respect of the land is to be increased under subsection (4).
(4)That rent is to include—
(a)where the services are relevant services, so much of the additional amounts as exceeds the cost to the landlord of providing the services;
(b)where the services are within subsection (3)(a)(ii), the whole of the additional amounts.
(5)In this section “relevant service” means a service other than the repair, insurance or maintenance of the land or of any other land.
For the purposes of this Chapter the market value of an asset at any time is the price which the asset might reasonably be expected to fetch on a sale in the open market at that time.
For the purposes of this Chapter the persons providing a benefit are the person or persons at whose cost the benefit is provided.
(1)The Treasury may make provision by regulations for exempting from the application of this Chapter such minor benefits as may be specified in the regulations.
(2)An exemption conferred by such regulations is conditional on the benefit being made available to the employer’s employees generally on similar terms.