Part 5Employment income: deductions allowed from earnings

Chapter 6Deductions from seafarers' earnings

383Place of performance of incidental duties

1

For the purposes of section 378(1)(b) (deduction from seafarers' earnings: eligibility), duties of an employment as a seafarer which are performed outside the United Kingdom are treated as performed in the United Kingdom if conditions A and B are met.

2

Condition A is that in the tax year in which the duties are performed the employment is in substance one whose duties fall to be performed in the United Kingdom.

3

Condition B is that the performance of the duties performed outside the United Kingdom is merely incidental to the performance of duties in the United Kingdom.

4

Section 39 (duties in UK merely incidental to duties outside UK) does not affect the question—

a

where any duties are performed, or

b

whether a person is absent from the United Kingdom,

for the purposes of section 378(1) to (3).