866 Employee benefit contributions: non-trades and non-property businesses

Employee benefit contributions

866  Employee benefit contributions: non-trades and non-property businesses

(1)     This section applies if, in calculating a person's profits or other income of a period for income tax purposes—

(a)     the profits or other income of the period are required to be calculated for those purposes, and

(b)     a deduction would otherwise be allowable for the period for any employee benefit contributions made or to be made by the person (“the employer”) (but see subsection (5)).

(2)     For this purpose “profits or other income” does not include the profits of—

(a)     a trade, profession or vocation, or

(b)     a property business,

but see subsection (7).

[(2A)     No deduction is allowed under this section in respect of employee benefit contributions for a period of account which starts more than 5 years after the end of the period of account in which the contributions are made.]

(3)     No deduction is allowed for the contributions for the period except so far as—

(a)     qualifying benefits are provided, or qualifying expenses are paid, out of the contributions during the period or within 9 months from the

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