Part 4Employment income: exemptions

Chapter 8Exemptions: special kinds of employees

Consuls, foreign agents etc.

301Official agents

1

No liability to income tax arises in respect of income arising from employment as an official agent in the United Kingdom for a foreign state if conditions A and B are met.

2

Condition A is that the employee is neither—

a

a Commonwealth citizen, nor

b

a citizen of the Republic of Ireland.

3

Condition B is that the functions of the employment are not exercised in connection with a trade, business or other undertaking carried on for the purposes of profit.

4

Such income is also to be disregarded in estimating the amount of income for any income tax purposes.

5

In this section “official agent” means a person who is not a consul (as defined in section 300) but is employed on the staff of—

a

a consulate, or

b

an official department or agency of a foreign state.

6

Subsection (5)(b) does not apply to a department or agency which carries on a trade, business or other undertaking for the purposes of profit.