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Part 5U.K.Employment income: deductions allowed from earnings

Chapter 1U.K.Deductions allowed from earnings: general rules

General rulesU.K.

328The income from which deductions may be madeU.K.

(1)The general rule is that deductions under this Part are allowed—

(a)from any earnings from the employment in question, and

(b)not from earnings from any other employment.

This is subject to subsections (2) to (4).

(2)Deductions under section 351 (expenses of ministers of religion) are allowed from earnings from any employment as a minister of a religious denomination.

(3)Deductions under section 368 (fixed sum deductions from earnings payable out of public revenue) are allowed only from earnings payable out of the public revenue.

(4)Deductions limited to specified earnings (see subsection (5)) are allowed—

(a)only from earnings from the employment that are taxable earnings under certain of the charging provisions of Chapters 4 and 5 of Part 2, and

(b)not from other earnings from it.

(5)“Deductions limited to specified earnings” are deductions under—

Textual Amendments

F1Words in s. 328(5) omitted (with effect in accordance with Sch. 46 para. 72 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 32

329Deductions from earnings not to exceed earningsU.K.

(1)The amount of a deduction allowed under this Part may not exceed the earnings from which it is deductible.

[F2(1A)If the earnings from which a deduction allowed under this Part is deductible include earnings that are “excluded” within the meaning of section 15(1A)—

(a)the amount of the deduction allowed is a proportion of the amount that would be allowed under this Part if the tax year were not a split year, and

(b)that proportion is equal to the proportion that the part of the earnings that is not “excluded” bears to the total earnings.]

(2)If two or more deductions allowed under this Part are deductible from the same earnings, the amounts deductible may not in aggregate exceed those earnings [F3(or, in a case within subsection (1A), the part of those earnings that is not “excluded”)] .

(3)If deductions allowed otherwise than under this Part fall to be allowed from the same earnings as amounts deductible under this Part, the amounts deductible under this Part may not exceed the earnings [F4(or, in a case within subsection (1A), the part of the earnings that is not “excluded”)] remaining after the other deductions.

(4)Subsections (1) and (2) do not apply to a deduction under section 351 (expenses of ministers of religion), and subsection (3) applies as if such a deduction were allowed otherwise than under this Part.

(5)This section is to be disregarded for the purposes of the deductibility provisions (see section 332).

(6)See also [F5section 128 of ITA 2007] (which provides that where a loss in an employment is sustained, relief may be given against other income).

Textual Amendments

F2S. 329(1A) inserted (with effect in accordance with Sch. 45 para. 153(2) of the amending Act) by Finance Act 2013 (c. 29), Sch. 45 para. 64(2)

F3Words in s. 329(2) inserted (with effect in accordance with Sch. 45 para. 153(2) of the amending Act) by Finance Act 2013 (c. 29), Sch. 45 para. 64(3)

F4Words in s. 329(3) inserted (with effect in accordance with Sch. 45 para. 153(2) of the amending Act) by Finance Act 2013 (c. 29), Sch. 45 para. 64(4)

F5Words in s. 329(6) substituted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 434 (with Sch. 2)

330Prevention of double deductionsU.K.

(1)A deduction from earnings under this Part is not allowed more than once in respect of the same costs or expenses.

(2)If apart from this subsection—

(a)a deduction would be allowed under Chapter 4 of this Part (fixed allowances for employee’s expenses) for a sum fixed by reference to any kind of expenses, and

(b)the employee would be entitled under another provision to a deduction for an amount paid in respect of the same kind of expenses,

only one of those deductions is allowed.

331Order for making deductionsU.K.

(1)This Part needs to be read with [F6section 25(1) to (3) of ITA 2007] (general rule that deductions are to be allowed in the order resulting in the greatest reduction of liability to income tax).

(2)In the case of deductions under this Part, the general rule in that section is subject to—

(a)section 23(3) (which requires certain deductions to be made in order to establish “chargeable overseas earnings”), and

(b)section 381 (which requires deductions under other provisions to be taken into account before deductions under Chapter 6 of this Part (seafarers)).

Textual Amendments

F6Words in s. 331(1) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 300 (with Sch. 9 paras. 1-9, 22)

332Meaning of “the deductibility provisions”U.K.

For the purposes of this Part, “the deductibility provisions” means the following provisions (which refer to amounts or expenses that would be deductible if they were incurred and paid by an employee)—