Part 2

Employment income: charge to tax
Chapter 5C

Relief for new residents on foreign employment income

Qualifying foreign employment income

Meaning of “overseas Crown employment subject to UK tax”
41X
1
This section explains what is meant by —
a
qualifying general earnings “
from overseas Crown employment subject to United Kingdom tax
” for the purposes of section 41T(3)(b), and
b
qualifying securities income “
from overseas Crown employment subject to United Kingdom tax
” for the purposes of section 41V(7).
2
Qualifying general earnings and qualifying securities income are “from overseas Crown employment” if the earnings or income is from Crown employment (within the meaning of section 28(2)) in respect of duties performed outside the United Kingdom.
3
Such earnings or income are to be taken as being “subject to United Kingdom tax” unless they fall within any exception contained in an order made under section 28(5) for the purposes of section 27(2).
4
An order made under section 28(5) may also—
a
provide for any exceptions mentioned in subsection (3) to not apply for the purposes of this section, and
b
make exceptions for the purposes of this section.
5
For the purposes of this section, if securities income is partly from overseas Crown employment subject to United Kingdom tax, a just and reasonable proportion of the securities income is to be taken to be from such employment.
Pt. 2 applied (E.W.S.) (31.3.2017) by The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353), reg. 1(1), Sch. 1 para. 4(3) (with reg. 2(4)(5))
Pt. 2 applied (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), ss. 969(4)(a), 1329(1) (with Sch. 2 Pts. 1, 2)
Pt. 2 Ch. 5C inserted (20.3.2025 for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 38(1)(3) (with Sch. 8 Pt. 3)