Part 5Employment income: deductions allowed from earnings

Chapter 5Deductions for earnings representing benefits or reimbursed expenses

Travel costs and expenses of non-resident or qualifying new resident employees where duties performed in UK

373F1Non-resident or qualifying new resident employee’s travel costs and expenses where duties performed in UK

(1)

This section applies if a person (“the employee”) who is F2non-UK resident or 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)—

(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 F3a country outside the United Kingdom in which the employee normally lives F4at the time the journey is made to a place in the United Kingdom in order to perform duties of the employment, or

(b)

to F5such a country from a place in the United Kingdom in order to return to F5such a 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.

F6(7)

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