Explanatory Notes

Income Tax (Earnings and Pensions) Act 2003

2003 CHAPTER 1

6th March 2003

Commentary on Sections

Example 3

£150(Pe) – £50(E) = £100
Part 4: Employment income: exemptions
Chapter 8: Exemptions: Special kinds of employees
Section 299: Crown employees’ foreign service allowances

1225.This section provides there is no liability to tax on allowances paid to Crown employees as compensation for the extra cost of having to live outside the United Kingdom when working abroad. It derives from section 319 of ICTA.

1226.An allowance is exempt only if a certificate as to its purpose has been given by the Treasury or by an appropriate Minister.

1227.Subsection (2) lists the persons who, in addition to the Treasury, may give such a certificate.

1228.That list derives from the Transfer of Functions (Foreign Service Allowance) Order, SI 1996 No 313 (as varied by the Transfer of Functions (Lord Advocate and Secretary of State) Order, SI 1999 No 678 with effect from 19 May 1999, and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002, SI 2002 No 794 with effect from 27 March 2002).