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  • TCA1997 | Section 112A Taxation of certain perquisites
Change year: 2010

Section 112A Taxation of certain perquisites

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Amendments

Section 112A inserted by Finance Act 2001 section 21 for 2001 and later tax years.

(1) In this section—

(a) as respects so much of a payment that qualifies for relief under section 470, "appropriate percentage", "authorised insurer", "relevant contract" and "relievable amount" have the same meanings, respectively, as in section 470,

(b) as respects so much of a payment that qualifies for relief under section 470B, "authorised insurer" and "relevant contract" have the same meanings, respectively, as in section 470B,

(c) "employee" and "employer" have the same meanings, respectively, as in section 983, and

(d) "qualifying insurer" and "qualifying long-term care policy" have the same meanings, respectively, as in section 470A.

What definitions apply for the purposes of health insurance paid by your employer?

(1) In computing your income tax liability, you are entitled to tax credit equivalent to the appropriate percentage of the amount of an insurance premium which you (or your spouse) have paid to an authorised insurer (e.g., the VHI) under a health ins...

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(2) Section 112 shall apply in relation to a perquisite comprising the payment to-

(a) an authorised insurer under a relevant contract, or

(b) a qualifying insurer under a qualifying long-term care policy

as if any deduction authorised by-

(i) in a case in which paragraph (a) applies, section 470(3)(a), or

(ii) in a case in which paragraph (b) applies, section 470A(8)(a),

had not been made.

Am I taxed if my employer pays my health insurance?

(2) Since 6 April 2001, a premium paid to an authorised insurer (section 470) or in respect of a qualifying long-term care policy (section 470A) is tax-relieved at source for all payers. The insurance company reduces the amount of the premium by the ...

to read the full commentary

(2A) Where, for any relevant year of assessment, an employer makes a payment of emoluments to an employee consisting of a perquisite in the form of a payment to an authorised insurer under a relevant contract, and such payment qualifies for relief under section 470B for that relevant year of assessment, section 112 shall apply as if the perquisite were increased by the amount of the age-related tax credit or age-related tax credits, as the case may be, that the employee is entitled to under section 470B in respect of the payment.

(3) Where, for any year of assessment, an employer ...1-

(a) makes a payment of emoluments consisting of a perquisite of the kind mentioned in subsection (2), and

(b) deducts therefrom and retains in accordance with-

(i) section 470(3)(a), an amount equal to the appropriate percentage for the year of assessment of the relievable amount in relation to the payment, or

(ii) section 470A(8)(a), an amount equal to the appropriate percentage for the year of assessment of the payment,

the employer shall be assessed and charged to income tax in an amount equal to the amount so deducted and retained and that amount shall be allowable as a deduction in charging to tax the profits or gains of such employer.

How am I taxed when my employer pays my health insurance?

(3) Where your employer pays your health insurance or long-term care insurance on your behalf and you are taxed on the benefit in kind:...

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(4) Subsections (3) to (6) of section 238 shall apply, with necessary modifications, in relation to a payment referred to in subsection (3) as they apply in relation to a payment to which that section applies.

How is an employee taxed on standard rate income tax deductible from a health insurance payment made on behalf of an employee?

(4) The rules relating to annual payments (payment of tax, assessments etc) apply to the amount withheld by your employer in respect of the premium paid on your behalf.

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