Income and Corporation Taxes Act 1988

Section 193.

SCHEDULE 12 U.K. FOREIGN EARNINGS

1 This Schedule shall have effect for the purpose of supplementing the provisions of section 193(1).

[F1 Amount of emoluments] U.K.

Textual Amendments

F1 Sch. 12 para. 1A and crossheading inserted (16.7.1992 for the year 1992-93 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), s. 54(1)(2)

F2 1A For the purposes of section 193(1) and this Schedule the amount of the emoluments for a year of assessment from any employment shall be taken to be the amount remaining after any capital allowance and after any deductions under section 192(3), 193(4), 194(1), 195(7), 198, 199, 201, 332, 592 or 594.

Textual Amendments

F2 Sch. 12 para. 1A and crossheading inserted (16.7.1992 for the year 1992-93 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), s. 54(1)(2)

Emoluments eligible for relief U.K.

2 (1) M1 This paragraph has effect where a deduction falls to be allowed under section 193(1) in respect of the emoluments from an employment (“the relevant employment”) for a year of assessment in which the duties of—

(a) the relevant employment; or

(b) any other employment or employments held by the person concerned which are associated with the relevant employment,

are not performed wholly outside the United Kingdom.

(2) The amount of the [F3 emoluments for the year of assessment from the relevant employment in respect of which such a deduction is allowed] shall not exceed such proportion of the emoluments for that year from the relevant employment and the other employment or employments (if any) as is F4 . . . reasonable having regard to the nature of and time devoted to the duties performed outside and in the United Kingdom respectively and to all other relevant circumstances.

(3) For the purposes of this paragraph an employment is associated with another if they are with the same person or with persons associated with each other and—

(a) a company is associated with another company if one of them has control of the other within the meaning of section 416 or both of them are under the control within the meaning of that section of the same person or persons,

(b) an individual or partnership is associated with another person (whether or not a company) if one of them has control of the other within the meaning of section 840 or both are under the control within the meaning of that section of the same person or persons;

but paragraph (b) above shall not be construed as requiring an individual to be treated in any circumstances as under the control of another person.

Textual Amendments

F3 1989 s.42(5)for 1989-90and subsequent years of assessment. Previously

“emoluments from the relevant employment in respect of which such a deduction is allowed for the year of assessment”.

F4 Words in Sch. 12 para. 2(2) repealed (with effect in accordance with s. 134(2) of the repealing Act) by Finance Act 1996 (c. 8), Sch. 20 para. 42, Sch. 41 Pt. 5(10), Note

Marginal Citations

M1 Source—1977 Sch.7 4(1), (2), (5)

Qualifying periods U.K.

3 (1) M2 For the purposes of section 193(1) a qualifying period is a period of consecutive days which either—

(a) consists entirely of days of absence from the United Kingdom; or

(b) consists partly of such days and partly of days included by virtue of sub-paragraph (2) below.

(2) Where, in the case of any person, a period consisting entirely of days of absence from the United Kingdom (“the relevant period”) comes to an end and there have previously been one or more qualifying periods, the relevant period and the (or, if more than one, the last) qualifying period together with the intervening days between those periods shall be treated as a single qualifying period provided that—

(a) there are no more than 62 intervening days, and

(b) the number of days in the resulting period which are not days of absence from the United Kingdom does not exceed one-sixth of the total number of days in that period.

[F5 (2A) In relation to emoluments from employment as a seafarer, sub-paragraph (2) above shall have effect—

(a) as if the number of days specified in paragraph (a) were [F6 183] instead of 62, and

(b) as if the fraction specified in paragraph (b) were [F7 one half] instead of one sixth;

and for the purposes of this sub-paragraph “employment as a seafarer” means employment consisting of the performance of duties on a ship (or of such duties and of others incidental to them).]

(3) For the purposes of section 193(1) the emoluments from an employment attributable to a qualifying period include any emoluments from that employment for a period of leave immediately following that period but not so as to make any emoluments for one year of assessment emoluments for another.

Textual Amendments

F5 1988(F) s.67for 1988-89and subsequent years subject to certain conditions.

F6 Word in Sch. 12 para. 3(2A) substituted by Finance Act 1991 (c. 31, SIF 63:1), s. 45(1)-(3)

F7 Words in Sch. 12 para. 3(2A) substituted by Finance Act 1991 (c. 31, SIF 63:1), s. 45(1)-(3)

Marginal Citations

M2 Source—1977 Sch.7 1(2), (3), (4)

Supplementary U.K.

4 M3 For the purposes of this Schedule a person shall not be regarded as absent from the United Kingdom on any day unless he is so absent at the end of it.

Marginal Citations

M3 Source—1977 Sch.7 6-8

5 M4 Notwithstanding section 132(4)(b), there shall be treated for the purposes of section 193(1) and this Schedule as performed outside the United Kingdom any duties which a person performs on a vessel or aircraft engaged on—

(a) a voyage or journey beginning or ending outside the United Kingdom (but exclusive of any part of it which begins and ends in the United Kingdom); or

(b) any part beginning or ending outside the United Kingdom of a voyage or journey which begins and ends in the United Kingdom;

and for the purposes of this paragraph any area designated under section 1(7) of the Continental Shelf Act 1964 shall be treated as part of the United Kingdom.

Marginal Citations

M4 1964 c. 29.

6 Where an employment is in substance one the duties of which fall in the year of assessment to be performed in the United Kingdom, then, for the purposes of section 193(1), there shall be treated as so performed any duties performed outside the United Kingdom the performance of which is merely incidental to the performance of other duties in the United Kingdom.

7 M5 In this Schedule references to an employment include references to an office.

Marginal Citations

M5 Source—1977 Sch.7 11