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Income Tax (Earnings and Pensions) Act 2003, Section 239 is up to date with all changes known to be in force on or before 12 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)No liability to income tax arises in respect of the discharge of any liability of an employee in connection with a taxable car or van or an exempt heavy goods vehicle.
(2)No liability to income tax arises in respect of a payment to an employee in respect of expenses incurred by the employee in connection with a taxable car or van or an exempt heavy goods vehicle.
(3)Subsections (1) and (2) do not apply to liability arising by virtue of section 149 [F1or 149A] (benefit of car fuel treated as earnings) [F2or section 160 [F3or 160A] (benefit of van fuel treated as earnings).]
(4)No liability to income tax arises by virtue of Chapter 10 of Part 3 (taxable benefits: residual liability to charge) in respect of a benefit connected with a taxable car or van or an exempt heavy goods vehicle.
(5)Subsection (4) does not apply to the provision of a driver.
(6)For the purposes of this section a car or van is “taxable” if under Chapter 6 of Part 3 [F4an amount (whether the cash equivalent or the relevant amount) in respect of] the benefit of it is to be treated as the employee’s earnings for the tax year.
(7)For the purposes of this section—
(a)“heavy goods vehicle” has the same meaning as in section 238(4) (modest private use of heavy goods vehicles), and
(b)a heavy goods vehicle is “exempt” if it is made available in the tax year to the employee in such circumstances that section 238 applies.
(8)For the purposes of subsections (1) and (2), a heavy goods vehicle is also “exempt” if it is so made available in such circumstances that section 238 would apply if the employee were not in [F5lower-paid employment as a minister of religion (see section 290D)].
F6(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 239(3) inserted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 53(2)(a)
F2Words in s. 239(3) inserted (21.7.2008) by Finance Act 2008 (c. 9), s. 48(1)
F3Words in s. 239(3) inserted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 53(2)(b)
F4Words in s. 239(6) substituted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 53(3)
F5Words in s. 239(8) substituted (with effect in accordance with s. 13(4) of the amending Act) by Finance Act 2015 (c. 11), Sch. 1 para. 14(2)
F6S. 239(9) omitted (with effect in accordance with s. 13(4) of the amending Act) by virtue of Finance Act 2015 (c. 11), Sch. 1 para. 14(3)
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