Section 371 Travel costs and expenses where duties performed abroad: visiting spouse’s , civil partner's or child’s travelF5

United Kingdom

(1)

A deduction is allowed from earnings which are F1relevant taxable earnings if—

(a)

the earnings include an amount in respect of—

(i)

the provision of travel facilities for a journey made by the employee’s spouse F2, civil partner or child, or

(ii)

the reimbursement of expenses incurred by the employee on such a journey, and

(b)

conditions A to C are met.

(2)

The deduction is equal to the included amount.

(3)

Condition A is that the employee is absent from the United Kingdom for a continuous period of at least 60 days for the purpose of performing the duties of one or more employments.

(4)

Condition B is that the journey is between a place in the United Kingdom and a place outside the United Kingdom where such duties are performed.

(5)

Condition C is that the employee’s spouse F3, civil partner or child is—

(a)

accompanying the employee at the beginning of the period of absence,

(b)

visiting the employee during that period, or

(c)

returning to a place in the United Kingdom after so accompanying or visiting the employee.

(6)

A deduction is not allowed under this section for more than two outward and two return journeys by the same person in a tax year.

(7)

In this section “child” includes a stepchild and an illegitimate child, but not a person who is 18 or over at the beginning of the outward journey.

F4(8)

In this section “relevant taxable earnings” has the meaning given by section 370(6).

Annotations

Textual amendments

F1: Words in s. 371(1) substituted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 28(2)
F2: Words in s. 371(1)(a)(i) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 146(2)
F3: Words in s. 371(5) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 146(2)
F4: S. 371(8) inserted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 28(3)
F5: Words in s. 371 heading inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 146(3)