Section 41R — Income Tax (Earnings and Pensions) Act 2003: Limit on relief

Limit on relief 41R 1 This section sets out how to determine the limit on the amount of relief the individual is entitled to when making a foreign employment relief claim for a year for the purposes of section 41P(3).

2 The limit is the lesser of—

a 30% of the relevant qualifying employment income, and b £300,000.

3 For the purposes of this section “ relevant qualifying employment income ” means—

a so much of the net taxable employment income for the tax year for which the claim is made as reflects qualifying employment income, and b if the foreign employment relief claim is for a tax year that is subsequent to the qualifying year, so much of any net taxable employment income for any earlier tax year (but not any tax year before the qualifying year) as would reflect qualifying employment income if that earlier year was the year for which the claim was made.

4 If the foreign employment relief claim is for a tax year that is subsequent to the qualifying year, the limit is reduced by the total of any amounts reflecting qualifying foreign employment income that have previously been relieved under section 41P.

5 To determine the amounts mentioned in subsection (3)(a) and (b), apply section 41Q, but as if—

a the references in that section to qualifying foreign employment income were to qualifying employment income, b the references in that section to qualifying foreign general earnings were to qualifying general earnings, and c the references in that section to qualifying foreign third party income and qualifying foreign securities income were references to qualifying third party income and qualifying securities income.