The broad remit of the benefits code encompasses assets made available to employees or directors, even where those assets have not been transferred; and case law has confirmed that assets provided for business use may still constitute a taxable benefit. Given the fine margins used to identify taxable benefits in case law to date, it may seem that any assets provided by a company to its employees or directors will fall within the expansive scope of these provisions. Nevertheless, a closer review of the tribunals’ decisions offers practical reminders for companies and their staff when a benefit-in-kind charge may or may not arise.
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The broad remit of the benefits code encompasses assets made available to employees or directors, even where those assets have not been transferred; and case law has confirmed that assets provided for business use may still constitute a taxable benefit. Given the fine margins used to identify taxable benefits in case law to date, it may seem that any assets provided by a company to its employees or directors will fall within the expansive scope of these provisions. Nevertheless, a closer review of the tribunals’ decisions offers practical reminders for companies and their staff when a benefit-in-kind charge may or may not arise.
If you are not a subscriber, subscribe now to read this content.
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