What is ‘foreign service’?

Up to 5 April 2018 a full or partial exemption from UK tax was available on a termination payment where the employment included a period of ‘foreign service’. The definition of ‘foreign service’ is complex as it reflects the different rules that have applied to the taxation of foreign earnings over the years.

Moves were made to significantly limit such claims for 2018/19 onwards, as a result of which most employees no longer qualify for any form of relief, even if part of their termination payment can be said to relate to an earlier period of foreign service. Further details are, however, retained below, both for historical reference and for the benefit of the small minority of individuals who may still qualify.

In respect of service from the 2003/04 to 2012/13 tax years, foreign service in relation to a particular employment means service such that the earnings from that employment were either:

1. •

   not relevant earnings

2. •

   earnings in respect of which a 100% seafarers’ earnings deduction was available

ITEPA