Search Legislation

Income Tax (Earnings and Pensions) Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 41C

 Help about opening options

Version Superseded: 17/07/2014

Alternative versions:

Status:

Point in time view as at 17/07/2013. This version of this provision has been superseded. Help about Status

Changes to legislation:

Income Tax (Earnings and Pensions) Act 2003, Section 41C is up to date with all changes known to be in force on or before 06 March 2025. 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. Help about Changes to Legislation

[F141CSection 41A: foreign securities incomeU.K.

This section has no associated Explanatory Notes

(1)The extent to which the securities income is “foreign” is to be determined as follows.

(2)Treat an equal amount of the securities income as accruing on each day of the relevant period.

(3)If any part of the relevant period is within a tax year to which subsection (4) applies, the securities income treated as accruing in that part of the relevant period is “foreign”.

This is subject to section 41D (limit where duties of associated employment performed in UK).

(4)This subsection applies to a tax year if—

(a)section 809B, 809D or 809E of ITA 2007 applies to the individual for the year,

[F2(b)the individual does not meet the requirement of section 26A for the year (reading references there to the employee as references to the individual),]

(c)the employment is with a foreign employer, and

(d)the duties of the employment are performed wholly outside the United Kingdom.

(5)If any part of the relevant period is within a tax year to which subsection (6) applies—

(a)if the duties of the employment are performed wholly outside the United Kingdom, the securities income treated as accruing in that part of the relevant period is “foreign”, and

(b)if some but not all of those duties are performed outside the United Kingdom—

(i)the securities income mentioned in paragraph (a) is to be apportioned (on a just and reasonable basis) between duties performed in the United Kingdom and duties performed outside the United Kingdom, and

(ii)the income apportioned in respect of duties performed outside the United Kingdom is “foreign”.

(6)This subsection applies to a tax year if—

(a)section 809B, 809D or 809E of ITA 2007 applies to the individual for the year,

[F3(b)the individual meets the requirement of section 26A for the year (reading references there to the employee as references to the individual), and]

(c)some or all of the duties of the employment are performed outside the United Kingdom.

(7)If the individual is not resident in the United Kingdom in a tax year, for the purposes of this section treat section 809B of ITA 2007 as applying to the individual for that year.

(8)This section is subject to section 41E (foreign securities income: just and reasonable apportionment).]

Textual Amendments

F1Pt. 2 Ch. 5A inserted (with effect in accordance with Sch. 7 para. 80 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 22

F2S. 41C(4)(b) substituted (with effect in accordance with Sch. 46 para. 25 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 11(2) (with Sch. 46 para. 26)

F3S. 41C(6)(b) substituted (with effect in accordance with Sch. 46 para. 25 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 11(3) (with Sch. 46 para. 26)

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?