The following Employment Tax guidance note Produced by Tolley in association with Paul Tew provides comprehensive and up to date tax information covering:
In the UK, income that a person receives as the holder of an office or employment is charged to tax as employment income. Employment income is defined in ITEPA 2003, s 7 as either ‘general earnings’ or ‘specific employment income’. Special rules apply to the taxation of general earnings of individuals who are ‘not resident’ or ‘not domiciled’ in the UK. These special rules do not apply to specific employment income. For more detailed information on types of employment income, see the Taxation of cash earnings guidance note.
Holding an office or employment is not sufficient to establish that an individual will besubject to tax on worldwide income. The residence status of the individual, the location of the duties, the residence status of the employer and the domicile of the individual may all berelevant in determining the extent of UK taxation. Where the employee is resident and domiciled in the UK, all general earnings are taxable when received. However, where non-residence or non-domicile is involved, the following situations arise:
some earnings are taxed when received
some earnings are taxable only when received in or remitted to the UK
some earnings are not taxable at all
ITEPA 2003, ss 14–41ZA (Pt 2, Ch 4, Ch 5) set out how to determine the amount of general earnings from an employment that are taxable earnings.
An employee who is resident in the UK is taxed on their general earnings for the tax year under ITEPA 2003, s 15 other than in the two following situations:
where a non-domiciled employee has chargeable overseas earnings, they are taxable under ITEPA 2003, s 22 to the extent that the earnings are remitted to the UK. See the Remittance basis ― overview with employment focus guidance note.
Chargeable overseas earnings are defined in ITEPA 2003, s 23 as the general earnings for a tax year in which:
the employee is resident but not domiciled in the UK
the employment is
**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
This note offers guidance in respect of the administration of company tax returns. If a company or organisation is subject to corporation tax they will have to complete and file a company tax return for each accounting period. A company or organisation must, in the main, file a return even if they
Maintenance payments are payments made by a taxpayer to their former or separated spouse for the maintenance of that former spouse or their children. To obtain any tax relief for maintenance payments, one of the couple must have been born before 5 April 1935 and the payments must be made by virtue
IntroductionUK resident individuals who are non-UK domiciled can benefit from the remittance basis of taxation. The remittance basis allows for relief from UK taxation for non-UK sources of income which are not brought in (or remitted) to the UK. A remittance is any money or other property which is,
Employee benefit trusts (EBTs) are commonly used to support employees’ share schemes and to provide other benefits to employees in the form of pensions and bonuses.Their use has been significantly affected by the introduction of the disguised remuneration rules. Although the statutory exclusions
To view our latest tax guidance content, sign in to Tolley Guidance or register for a free trial.