Part 4Employment income: exemptions

Chapter 8Exemptions: special kinds of employees

Visiting forces and staff of designated allied headquarters

303Visiting forces and staff of designated allied headquarters

1

No liability to income tax arises in respect of earnings if—

a

they are paid by the government of a designated country to a member of a visiting force of that country or of a civilian component of such a force, and

b

that person is not a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen.

2

For the purposes of subsection (1)—

a

members of the armed forces of a designated country who are attached to a designated allied headquarters are treated as a visiting force of that country, and

b

whether a person is a member of a civilian component of such a force is to be determined accordingly.

3

No liability to income tax arises in respect of earnings if they are paid by a designated allied headquarters to an employee of a category for the time being agreed between Her Majesty’s government in the United Kingdom and the other members of the North Atlantic Council.

4

But where the employee is a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, subsection (3) only applies if it is necessary for it to do so to give effect to an agreement between parties to the North Atlantic Treaty.

5

Subsections (1) and (2) are to be interpreted as if—

a

they were in Part 1 of the Visiting Forces Act 1952 (c. 67), and

b

references in that Act to a country to which a provision of that Act applies were references to a designated country.

6

In this section—

  • allied headquarters” means an international military headquarters established under the North Atlantic Treaty, and

  • designated” means designated for the purpose in question by or under an Order in Council made for giving effect to an international agreement.