Section 690E — Income Tax (Earnings and Pensions) Act 2003: Direction by HMRC in relation to qualifying new residents or treaty non-residents

Direction by HMRC in relation to qualifying new residents or treaty non-residents 690E 1 This section applies where—

a a notice given during the notifiable year under section 690D has effect, ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 An officer of Revenue and Customs may give a direction—

a for determining a proportion of any qualifying payment or 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 b that any such payment is to be treated entirely as PAYE income for the purposes of PAYE regulations.

3 A direction under subsection (2)—

a must specify the employee and the notifiable year, b must be given by notice to the appropriate person, and c 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).

4 If—

a a direction under subsection (2) has effect, and b any qualifying payment or treaty affected payment (as applicable) is made by the employer to the employee in any tax year, the direction applies to the payment.

5 A direction under subsection (2) has effect when it is given.

6 A direction under subsection (2) ceases to have effect if a notice has subsequently been—

a 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 notifiable year, and b acknowledged by an officer of Revenue and Customs.

7 Subsection (4) is without prejudice to—

a any assessment in respect of the income of the employee in question, and b 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.