C1Part 4Employment income: exemptions

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 modified (10.6.2021) by Finance Act 2021 (c. 26), s. 26(3)

Chapter 10Exemptions: termination of employment

Outplacement benefits

310Counselling and other outplacement services

1

No liability to income tax arises in respect of—

a

the provision of services to a person in connection with the cessation of the person’s employment, or

b

the payment or reimbursement of—

i

fees for such provision, or

ii

travelling expenses incurred in connection with such provision,

if conditions A to D and, in the case of travel expenses, condition E are met.

2

Condition A is that the only or main purpose of the provision of the services is to enable the person to do either or both of the following—

a

to adjust to the cessation of the employment, or

b

to find other gainful employment (including self-employment).

3

Condition B is that the services consist wholly of any or all of the following—

a

giving advice and guidance,

b

imparting or improving skills,

c

providing or making available the use of office equipment or similar facilities.

4

Condition C is that the person has been employed F1... in the employment which is ceasing throughout the period of 2 years ending—

a

at the time when the services begin to be provided, or

b

if earlier, at the time when the employment ceases.

5

Condition D is that the opportunity to receive the services, on similar terms as to payment or reimbursement of any expenses incurred in connection with their provision, is available—

a

generally to employees or former employees of the person’s employer in that employment, or

b

to a particular class or classes of them.

6

Condition E is that the travel expenses are expenses—

a

in respect of which, on the assumptions in subsection (7), mileage allowance relief under Chapter 2 of this Part would be available if no mileage allowance payments had been made, or

b

which, on those assumptions, would be deductible under Part 5.

7

The assumptions are—

a

that receiving the services is one of the duties of the employee’s employment,

b

that the employee incurs and pays the expenses, and

c

if the employment has in fact ceased, that it continues.

8

In this section “mileage allowance payments” has the meaning given by section 229(2).