Income Tax (Trading and Other Income) Act 2005

92 Expenses connected with foreign trades

(1) This section applies if—

(a) an individual (“the trader”) carries on a foreign trade (alone or in partnership),

(b) the trader is absent from the United Kingdom wholly and exclusively for the purpose of carrying on the foreign trade or the foreign trade and one or more other trades (whether or not foreign trades),

(c) qualifying expenses are incurred in connection with the foreign trade, and

(d) a deduction for the expenses would not otherwise be allowable in calculating the profits of the foreign trade because (and only because) they were not incurred wholly and exclusively for the purposes of the foreign trade.

(2) In calculating any profits of the foreign trade which are not charged in accordance with section 832 (relevant foreign income charged on the remittance basis), a deduction is allowed for the expenses.

(3) Any of the following expenses are qualifying expenses incurred in connection with the foreign trade—

(a) expenses incurred by the trader in travelling between a place in the United Kingdom and a place where the foreign trade is carried on,

(b) expenses incurred by the trader on board and lodging at a place where the foreign trade is carried on,

(c) if the trader’s absence from the United Kingdom is for a continuous period of 60 days or more, family expenses (as defined in section 94), and

(d) if the trader also carries on another trade outside the United Kingdom (whether or not a foreign trade), expenses incurred by the trader in travelling between a place where the foreign trade is carried on and a place outside the United Kingdom where the other trade is carried on.

(4) In this section and section 93 “foreign trade” means a trade carried on wholly outside the United Kingdom.