8 Taxable benefits: asset made available without transfer

8  Taxable benefits: asset made available without transfer

(1)     ITEPA 2003 is amended as follows.

(2)     In section 205 (cost of taxable benefit subject to the residual charge: asset made available without transfer)—

(a)     in subsection (1), for paragraph (a) substitute—

“(a)     the benefit consists in an asset being made available for private use, and”,

(b)     after subsection (1) insert—

“(1A)     In this section and section 205A, “private use” means private use by the employee or a member of the employee's family or household.

(1B)     For the purposes of subsection (1) and sections 205A and 205B, an asset made available in a tax year for use by the employee or a member of the employee's family or household is to be treated as made available throughout the year for private use unless—

(a)     at all times in the year when it is available for use by the employee or a member of the employee's family or household, the terms under which it is made available prohibit private use, and

(b)     no private use is made of it in the year.

(1C)     The cost of the taxable benefit is—

(a)     the annual cost of the benefit determined in accordance

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