Section 355 — Income Tax (Earnings and Pensions) Act 2003: Deductions for corresponding payments by qualifying new resident employees with foreign employers

Deductions for corresponding payments by qualifying new resident employees with foreign employers 355 1 An employee may make a claim to the Commissioners for Her Majesty’s Revenue and Customs under this section if conditions A to D are met.

2 Condition A is that the employee is a 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).

3 Condition B is that the employment is with a foreign employer.

4 Condition C is that the employee has made a payment out of earnings from the employment.

5 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.

6 If the Commissioners are satisfied that conditions A to D are met, they may allow the payment as a deduction under this Chapter.