Part 5Employment income: deductions allowed from earnings
Chapter 2Deductions for employee’s expenses
Special rules for earnings with a foreign element
355Deductions for corresponding payments by F1qualifying new resident employees with foreign employers
(1)
An employee may make a claim to F2the Commissioners for Her Majesty’s Revenue and Customs under this section if conditions A to D are met.
(2)
Condition A is that the employee is F3a qualifying new resident for the purposes of Chapter 5C of Part 2 of this Act or Chapter 5 of Part 8 of ITTOIA 2005 (see section 845B of that Act).
(3)
Condition B is that the employment is with a foreign employer.
(4)
Condition C is that the employee has made a payment out of earnings from the employment.
(5)
Condition D is that the payment does not reduce the employee’s liability to United Kingdom income tax, but was made in circumstances corresponding to those in which it would do so.
(6)
If the F4Commissioners are satisfied that conditions A to D are met, they may allow the payment as a deduction under this Chapter.