40 Provision of qualifying benefits
Income Tax (Trading and Other Income) Act 2005 (2005 c 5) | Legislation

40  Provision of qualifying benefits

(1)     For the purposes of section 38 qualifying benefits are provided if there is—

(a)     a payment of money, or

(b)     a transfer of assets,

which meets condition A, B, C or D.

(2)     Condition A is that the payment or transfer gives rise both to an employment income tax charge and to an NIC charge.

(3)     Condition B is that the payment or transfer would give rise to both charges if—

(a)     the duties of the employment in respect

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