## Facts

- Mr. Smith was employed by a bank and provided with free housing as part of his employment.
- Occupation of the residence was required for Mr. Smith's effective performance of his job.
- He was not permitted to let others live in the property or derive additional income from it.
- Tax authorities asserted that the value of the housing should be included in Mr. Smith's taxable income.
- The dispute over this tax assessment was brought before the courts and ultimately reached the House of Lords.

## Issues

1. Whether the free housing provided to Mr. Smith by his employer constituted taxable income.
2. Whether a non-monetary employment perk, such as employer-provided housing, should be taxed if it cannot be converted into cash.

## Decision

- The House of Lords held that the free housing provided to Mr. Smith was not taxable income.
- The decision turned on the fact that Mr. Smith could not convert the housing benefit into cash or obtain financial gain beyond its use.
- The court distinguished between perks that could be turned into cash and those that merely reduced personal living expenses, determining that only the former are taxable as income.

## Legal Principles

- The case established the convertibility test as the primary method for determining if a non-monetary employment perk is taxable: only perks that can be converted into cash are considered taxable income.
- Non-monetary perks that solely satisfy personal needs, and cannot be transferred or monetized, fall outside the scope of taxable income.
- Later cases, such as Reed v Seymour [1927] 11 TC 625 and Heaton v Bell [1970] AC 728, further clarified the importance of convertibility, considering whether an employee could choose between a perk or cash, or if any restrictions existed on transferring or selling the benefit.

## Conclusion

Tennant v Smith [1892] AC 150 remains a leading authority on the taxation of non-monetary employment perks, establishing the convertibility principle as central to distinguishing between taxable and non-taxable benefits, a rule that continues to influence tax law on work income.