Part 5

Employment income: deductions allowed from earnings
Chapter 2

Deductions for employee’s expenses

Special rules for earnings with a foreign element

Deductions for corresponding payments by qualifying new resident employees with foreign employers
355
1
An employee may make a claim to the 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 a 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 Commissioners are satisfied that conditions A to D are met, they may allow the payment as a deduction under this Chapter.
Word in s. 355 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(3)(f); S.I. 2005/1126, art. 2(2)(h)
Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(2); S.I. 2005/1126, art. 2(2)(h)
S. 355 restricted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 33 para. 1(5) (with Sch. 36)
Pt. 5 Ch. 2 restricted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 33 para. 1(5) (with Sch. 36)
Words in s. 355 heading substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 38(3), Sch. 8 para. 1(8)(a) (with Sch. 8 Pt. 3)
Words in s. 355(2) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 38(3), Sch. 8 para. 1(8)(b) (with Sch. 8 Pt. 3)