SCHEDULE 3 Restrictions on Remittance Basis

SCHEDULE 3 Restrictions on Remittance Basis

Section 15

1

ITEPA 2003 is amended as follows.

2

In section 23 (taxable earnings: calculation of “chargeable overseas earningsâ€) after subsection (1) insert—

“(1A)     But none of an employee's general earnings from an employment for a tax year are to be “chargeable overseas earnings†if section 24A applies in relation to the employment for the tax year.â€

3

After section 24 insert—

“24A Restrictions on remittance basis

(1)     This section applies in relation to an employment (“the relevant employmentâ€) for a tax year (“the relevant tax yearâ€) if—

(a)     one or more of the paragraphs in subsection (5) applies,

(b)     conditions 1 to 4 are met, and

(c)     condition 5 is not met.

(2)     The consequences of this section applying are set out in sections 23(1A), 41C(4A), 41H(5) and 554Z9(1A).

(3)     But, for the purpose of determining if, and the extent to which, any provision of Part 11 (PAYE), or of PAYE regulations, applies in relation to any income, the application of any provision mentioned in subsection (2) in relation to the income is to be ignored.

(4)     In this section—

(a)     “the relevant employee†means the employee in respect

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