Part 5Employment income: deductions allowed from earnings

Chapter 2Deductions for employee’s expenses

Special rules for earnings with a foreign element

355Deductions for corresponding payments by non-domiciled employees with foreign employers

(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.