Income Tax (Earnings and Pensions) Act 2003 (c. 1)

Part 5 U.K. Employment income: deductions allowed from earnings

Chapter 5 U.K. Deductions for earnings representing benefits or reimbursed expenses

Travel costs and expenses of non-domiciled employees where duties performed in UK U.K.

373 Non-domiciled employee’s travel costs and expenses where duties performed in UK U.K.

(1) This section applies if a person (“the employee”) who is not domiciled in the United Kingdom—

(a) receives earnings from an employment for duties performed in the United Kingdom, and

(b) an amount is included in the earnings in respect of—

(i) the provision of travel facilities for a journey made by the employee, or

(ii) the reimbursement of expenses incurred by the employee on such a journey.

(2) A deduction is allowed from earnings from the employment which are earnings charged on receipt if the journey meets conditions A and B.

(3) Condition A is that the journey ends on, or during the period of 5 years beginning with, a date that is a qualifying arrival date in relation to the employee (see section 375).

(4) Condition B is that the journey is made—

(a) from the country outside the United Kingdom in which the employee normally lives to a place in the United Kingdom in order to perform duties of the employment, or

(b) to that country from a place in the United Kingdom in order to return to that country after performing such duties.

(5) If the journey is wholly for a purpose specified in subsection (4), the deduction is equal to the included amount.

(6) If the journey is only partly for such a purpose, the deduction is equal to so much of the included amount as is properly attributable to that purpose.

[F1 (7) Section 835BA of ITA 2007 (deemed domicile) applies for the purposes of subsection (1).]

Textual Amendments

F1 S. 373(7) inserted (with effect in accordance with Sch. 8 para. 10(6) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 8 para. 10(3)