Section 690E Direction by HMRC in relation to qualifying new residents or treaty non-residentsF1F7
This section applies where—
a notice given during the F2notifiable year under section 690D has effect, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An officer of Revenue and Customs may give a direction—
for determining a proportion of any qualifying payment F3or treaty affected payment (as applicable) made by the employer to the employee which is to be treated for the purposes of PAYE regulations as not being a payment of PAYE income, or
that any such payment is to be treated entirely as PAYE income for the purposes of PAYE regulations.
A direction under subsection (2)—
must specify the employee and the F4notifiable year,
must be given by notice to the appropriate person, and
may be varied by notice to the appropriate person from a day specified in the notice (which may not be earlier than 30 days from the date on which the notice is given).
If—
a direction under subsection (2) has effect, and
any qualifying payment F5or treaty affected payment (as applicable) is made by the employer to the employee in any tax year,
the direction applies to the payment.
A direction under subsection (2) has effect when it is given.
A direction under subsection (2) ceases to have effect if a notice has subsequently been—
given by the appropriate person under section 690A (employer notification for internationally mobile employee) on the basis that the employee is or is likely to be non-UK resident for the F6notifiable year, and
acknowledged by an officer of Revenue and Customs.
Subsection (4) is without prejudice to—
any assessment in respect of the income of the employee in question, and
any right to repayment of income tax and any relevant debts overpaid and any obligation to pay income tax underpaid and any relevant debts that remain wholly or partly unpaid.
Annotations
Textual amendments
- F1
Ss. 690D, 690E inserted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 38(3), Sch. 8 para. 4 (with Sch. 8 Pt. 3)
- F2
Word in s. 690E(1)(a) substituted (for the tax year 2026-27 and subsequent tax years) by Finance Act 2026 (c. 11), s. 45(2), Sch. 4 para. 4(3)
- F3
Words in s. 690E(2)(a) inserted (for the tax year 2026-27 and subsequent tax years) by Finance Act 2026 (c. 11), s. 45(2), Sch. 4 para. 4(4)
- F4
Word in s. 690E(3)(a) substituted (for the tax year 2026-27 and subsequent tax years) by Finance Act 2026 (c. 11), s. 45(2), Sch. 4 para. 4(3)
- F5
Words in s. 690E(4)(b) inserted (for the tax year 2026-27 and subsequent tax years) by Finance Act 2026 (c. 11), s. 45(2), Sch. 4 para. 4(4)
- F6
Word in s. 690E(6)(a) substituted (for the tax year 2026-27 and subsequent tax years) by Finance Act 2026 (c. 11), s. 45(2), Sch. 4 para. 4(3)
- F7
Words in s. 690E heading inserted (for the tax year 2026-27 and subsequent tax years) by Finance Act 2026 (c. 11), s. 45(2), Sch. 4 para. 4(2)
Notes on Part 11
Modifications
- C1
Pt. 11 power to amend or repeal conferred (21.7.2009) by Finance Act 2009 (c. 10), Sch. 58 para. 10