The following Employment Tax guidance note by Tolley in association with Jim Yuill at The Yuill Consultancy provides comprehensive and up to date tax information covering:
Where an employee leaves the UK to go and work temporarily in a country with which the UK does not have a social security agreement, it is possible that a Class 1 NIC liability could continue for the first 52 weeks abroad. For that to be the case three conditions need to be satisfied:
SI 2001/1004, reg 146(1)
Where all three conditions are satisfied, primary and secondary Class 1 contributions shall be payable for 52 weeks from the beginning of the contribution week in which the foreign employment begins. It should be noted that this calculation is slightly different from that used to identify the period of exemption for employees coming to the UK from a non-agreement country. Employers who calculate the 52 week period of liability from the actual date of departure may create a period of liability longer than the legislation requires.
See Example 1.
For the Class 1 NIC liability to arise, all three of the above conditions need to be satisfied. The residence status will usually be fairly clear (although it is worth remembering that the Statutory Residence Test for tax purposes has no application for NIC ― see the Residence and ordinary residence for social security purposes guidance note). Whe
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login