The following Employment Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
The starting point for determining the tax treatment of an individual who is employed to work on board an aircraft, as with any other employee, is to determine whether he is resident in the UK. For tax years 2013/14 onwards, the statutory residence test (SRT) in FA 2013, Sch 45 determines an individual’s residence for tax purposes. For more on the SRT, see the Statutory residence test guidance note.
The SRT rules include various tests that depend on the amount of time the person spends working in the UK or overseas, or the number of days on which he works in the UK. The way in which those tests normally work is varied for international transport workers who have a relevant job on a vehicle, aircraft or ship.
In the context of employment as a member of aircrew, a relevant job is one where the duties of the employment are performed on an aircraft while it is travelling and substantially all of the trips made in performing those duties are ones that involve crossing an international boundary. HMRC’s view is that if the employment is one where 80% of trips undertaken are cross-border trips, the substantially all of the trips test is satisfied (see RDRM11780).
Where a member of the aircrew has a relevant job and makes six or more cross border trips during the course of the tax year, neither the third automatic UK test (sufficient hours worked in the UK) nor the third automatic overseas test (sufficient hours worked overseas) apply.
If the aircrew member has to consider the ‘sufficient ties test’ within the SRT, there is variation to the UK work tie for individuals who have a relevant job (as described above). The UK work tie is satisfied if the individual works in the UK for at least 40 days during the tax year. Normally, a person would be treated as working in the UK on any day when he does more
**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
There are several sets of provisions in the Taxes Acts which relate to ‘close’ companies, most of which are anti-avoidance measures aiming to catch transactions between those companies affected and their owners, where there may otherwise be a tax advantage. Broadly speaking, most owner-managed or
‘Hold-over’ relief allows for the deferral of a gain that would otherwise arise in relation to a disposal. No capital gains tax (CGT) is due in respect of the disposal, but the base cost of the asset for the transferee for the purpose of a future disposal is reduced by an amount equal to the gain
Normal due dateIndividuals are required to pay any outstanding income tax and Class 4 National Insurance, Class 2 National Insurance, and capital gains tax due for the tax year by 31 January following the end of the tax year (ie 31 January 2021 for the 2019/20 tax year). From 6 April 2020, UK
What is structures and buildings allowance (SBA)?From 29 October 2018, expenditure on constructing a non-residential building or structure, or in certain cases, expenditure on acquiring such a building or structure, qualifies for an SBA. The following note has been updated for the changes announced
To view our latest tax guidance content, sign in to Tolley Guidance or register for a free trial.