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SCHEDULES

SCHEDULE 46U.K.Ordinary residence

PART 2U.K.Income tax: arising basis of taxation

ITEPA 2003U.K.

38(1)Section 413 (exception in certain cases of foreign service) is amended as follows.U.K.

(2)In subsection (2), after “subsection” (in the second place it occurs) insert “ (2A), ”.

(3)After that subsection insert—

(2A)This subsection applies to service in or after the tax year 2013-14—

(a)to the extent that it consists of duties performed outside the United Kingdom in respect of which earnings would not be relevant earnings, or

(b)if a deduction equal to the whole amount of the earnings from the employment was or would have been allowable under Chapter 6 of Part 5 (deductions from seafarers' earnings).

(4)In subsection (3), after “2003-04” insert “ but before the tax year 2013-14 ”.

(5)After that subsection insert—

(3ZA)In subsection (2A)(a) “relevant earnings” means earnings for a tax year that are earnings to which section 15 applies and to which that section would apply even if the employee made a claim under section 809B of ITA 2007 (claim for remittance basis) for that year.