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PRECEDENTS
In addition to the Precedents listed in this International transfers subtopic, the following Precedents relating to transfer impact
NEWS
Law360: Europe would have to coordinate closely internationally with the Group of Seven wealthy nations to confiscate frozen Russian state assets, the European Commission (EC) said 6 February 2024.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Following recommendations of the Office of Tax Simplification and an HMRC consultation, the jurisdictional scope of the employment-related securities rules in relation to internationally mobile employees (and related corporation tax relief) changed from 6 April 2015. The applicable legislation from that date is contained in Schedule 9, Part 1 to the Finance Act 2014 (FA 2014). Those rules apply to chargeable events occurring on or after 6 April 2015 in relation to employment-related securities acquired before (arguably retrospectively) and after that date (the commencement provisions are in FA 2014, Sch 9, Pt 4). The post-6 April 2015 rules are more aligned with the general earnings charge (under section 62 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003)) so that, very broadly, from 6 April 2015, income in respect of securities will only accrue in the UK for the particular part of the relevant period (usually from acquisition to later chargeable event) in which the individual is UK
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Following recommendations of the Office of Tax Simplification and an HMRC consultation, the jurisdictional scope of the employment-related securities options rules in relation to internationally mobile employees (and related corporation tax relief) changed from 6 April 2015. The applicable legislation from that date is contained in Schedule 9, Part 1 to the Finance Act 2014 (FA 2014). Those rules apply to chargeable events occurring on or after 6 April 2015 in relation to securities options granted both before (arguably retrospectively) and after that date (the commencement provisions are in FA 2014, Sch 9, Pt 4). The post-6 April 2015 rules are more aligned with the general earnings charge (under section 62 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003)) so that, very broadly, from 6 April 2015, income in respect of securities options only accrues in the UK for the period from grant to vesting in which the individual is UK resident or had UK duties (with
PRACTICE NOTES
Introduction This Practice Note discusses the taxation of internationally mobile employees and directors in relation to employment-related securities (ERS) and employment-related securities options charged to tax within Part 7 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). The scope of the charge to income tax is important not only for the individuals themselves (in determining their income tax liabilities) but also for employing companies in determining the associated pay as you earn (PAYE) and National Insurance contributions (NICs) liabilities. This Practice Note considers only the UK income tax and NICs position. There may also be tax implications in other jurisdictions with which the individual or employing company is connected. These non-UK tax considerations are outside the scope of this Practice Note and local law advice should be taken. Internationally mobile employees and directors are those individuals who work in different jurisdictions around the world (whether concurrently or consecutively). They include: • UK residents going overseas to work • overseas residents
GLOSSARY
A data-oriented protocol used for communicating data across a packet-switched network. IP is a network layer protocol in the Internet protocol suite and is encapsulated in a data link layer protocol (eg Ethernet). As a lower layer protocol, IP provides the service of communicable unique global addressing amongst computers.
GLOSSARY
A system where a digital television service is delivered by using Internet Protocol over network infrastructure, which may include delivery by a broadband connection.
GLOSSARY
Internet service providers (ISPs) supply internet access to individuals and commercial users. They range from large telecommunications providers to small resellers of capacity on a larger network.
CHECKLISTS
Required document or action Compliant? Do you have a written Policy on internet, email and communications describing permitted and prohibited use of:—the internet—your electronic communications system (emails and telephone)? Do you have a Policy on social media? Do you have a separate Policy—data protection covering any data processing activities that may arise from use of the internet and your electronic communications system? Do you have a policy and processes regarding acceptable
PRECEDENTS
A: General information Date of review [Insert date] Person(s) conducting review [Insert date][Insert name] B: Review and findings Have you monitored how staff use the internet and your electronic communications system? ☐ Yes☐ No—ensure you set an action point at section C If yes, do you ensure that your monitoring is conducted in accordance with your Internet and electronic communications policy and any Impact assessment you have undertaken? ☐ Yes☐ No—ensure you set an action point at section
GLOSSARY
The high-speed, high capacity lines or series of connections that form a major pathway and carry aggregated traffic within the Internet.
GLOSSARY
The ability to access any destination on the Internet from a point of interconnection with an Internet backbone.