Emoluments eligible for reliefU.K.
2(1)M1This paragraph has effect where a deduction falls to be allowed under section [F1192A] 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 [F2emoluments 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 F3. . . 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
F1Words in Sch. 12 para. 2(1) substituted (with effect in accordance with s. 63(5)-(7) of the amending Act) by Finance Act 1998 (c. 36), s. 63(3)(c)
F21989 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”.
F3Words in Sch. 12 para. 2(2) repealed (with effect in accordance with s. 134(2) of the repealing Act) by Finance Act 1996 (c. 8), Sch. 20 para. 42, Sch. 41 Pt. 5(10), Note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
M1Source—1977 Sch.7 4(1), (2), (5)