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Income Tax (Earnings and Pensions) Act 2003, Section 355 is up to date with all changes known to be in force on or before 27 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An employee may make a claim to [F1the Commissioners for Her Majesty’s Revenue and Customs] under this section if conditions A to D are met.
(2)Condition A is that the employee is not domiciled in the United Kingdom.
(3)Condition B is that the employment is with a foreign employer.
(4)Condition C is that the employee has made a payment out of earnings from the employment.
(5)Condition D is that the payment does not reduce the employee’s liability to United Kingdom income tax, but was made in circumstances corresponding to those in which it would do so.
(6)If the [F2Commissioners] are satisfied that conditions A to D are met, they may allow the payment as a deduction under this Chapter.
Textual Amendments
F1Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(2); S.I. 2005/1126, art. 2(2)(h)
F2Word in s. 355 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(3)(f); S.I. 2005/1126, art. 2(2)(h)
Modifications etc. (not altering text)
C1Pt. 5 Ch. 2 restricted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 33 para. 1(5) (with Sch. 36)
C2S. 355 restricted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 33 para. 1(5) (with Sch. 36)
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