Section 355 Deductions for corresponding payments by qualifying new resident employees with foreign employersF4
United Kingdom
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.
Condition A is that the employee is F2a qualifying new resident for the purposes of Chapter 5C of Part 2 of this Act or Chapter 5 of Part 8 of ITTOIA 2005 (see section 845B of that Act).
Condition B is that the employment is with a foreign employer.
Condition C is that the employee has made a payment out of earnings from the employment.
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.
If the F3Commissioners are satisfied that conditions A to D are met, they may allow the payment as a deduction under this Chapter.
Annotations
Textual amendments
- F1
Words 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)
- F2
Words in s. 355(2) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 38(3), Sch. 8 para. 1(8)(b) (with Sch. 8 Pt. 3)
- F3
Word 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)
- F4
Words in s. 355 heading substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 38(3), Sch. 8 para. 1(8)(a) (with Sch. 8 Pt. 3)
Notes on Chapter 2
Modifications
- C1
Pt. 5 Ch. 2 restricted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 33 para. 1(5) (with Sch. 36)