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Contents

Official guidance
Employment Income Manual

EIM42200 · Employment income: basis of assessment for general earnings: arrangement of guidance

  • EIM42201 · Employment income: basis of assessment for general earnings: introduction
  • EIM42202 · Employment income: basis of assessment for general earnings: example of a case where the year of assessment is not the year that the emolument is for
  • EIM42205 · Employment income: basis of assessment for general earnings:
  • EIM42206 · Employment income: basis of assessment for general earnings: employees at all times resident and domiciled in the United Kingdom
  • EIM42207 · Employment income: basis of assessment for general earnings: employees who are, or have been, not resident or not domiciled in the United Kingdom
  • EIM42210 · Employment income: basis of assessment for general earnings: table setting out the basis of assessment to be used for particular types of payment, and benefits in kind
  • EIM42220 · Employment income: basis of assessment for general earnings: earnings received before an employment starts or after it ends
  • EIM42221 · Employment income: basis of assessment for general earnings: earnings received before an employment starts or after it ends: example of a case where earnings are received before an employment starts
  • EIM42222 · Employment income: basis of assessment for general earnings: earnings received before an employment starts or after it ends: example of a case where earnings are received after an employment ends
  • EIM42240 · Employment income: basis of assessment for general earnings: link between the basis of assessment and the operation of PAYE
  • EIM42260 · Employment income: basis of assessment for general earnings: meaning of "received"
  • EIM42265 · Employment income: basis of assessment for general earnings: meaning of "received": backdated pay and arrears of pay
  • EIM42270 · Employment income: basis of assessment for general earnings: the time when earnings are received: actual payment
  • EIM42271 · Employment income: basis of assessment for general earnings: the time when earnings are received: actual payment: example of a case where income is paid to a third party
  • EIM42280 · Employment income: basis of assessment for general earnings: the time when earnings are received: payments on account of earnings: general: director's drawings
  • EIM42290 · Employment income: basis of assessment for general earnings: the time when earnings are received: entitlement to payment of earnings
  • EIM42292 · Employment income: basis of assessment for general earnings: the time when earnings are received: entitlement to payment of earnings: “White v Inland Revenue Commissioners” SpC357
  • EIM42300 · Employment income: basis of assessment for general earnings: the time when earnings are received: entitlement to director's earnings
  • EIM42310 · Employment income: basis of assessment for general earnings: the time when earnings are received: crediting of earnings in the accounts or records of the company
  • EIM42320 · Employment income: basis of assessment for general earnings: the time when earnings are received: crediting of earnings in the accounts or records of the company: limited scope of the crediting rule
  • EIM42330 · Employment income: basis of assessment for general earnings: the time when earnings are received: director's earnings fixed before the end of the period for which they are due
  • EIM42340 · Employment income: basis of assessment for general earnings: the time when earnings are received: director's earnings fixed after the end of the period for which they are due
  • EIM42350 · Employment income: basis of assessment for general earnings: the time when earnings are received: directors' earnings conditional on results: the date they are to be treated as determined
  • EIM42360 · Employment income: basis of assessment for general earnings: the time when earnings are received: the time at which a person must be a director for the special rules to apply
  • EIM42370 · Employment income: basis of assessment for general earnings: foreign earnings taxed at time of remittance to the United Kingdom
  • EIM42371 · Employment income: basis of assessment for general earnings: foreign earnings taxed at time of receipt in United Kingdom: example
  • EIM42380 · Employment income: basis of assessment for general earnings: earnings received after the death of an employee or office holder
  • EIM42390 · Employment income: basis of assessment for general earnings: earnings received after the death of an employee or office holder: the charge on personal representatives
  • EIM42400 · Employment income: basis of assessment for general earnings: earnings received after the death of an employee or office holder: time limits for assessments on personal representatives
  • EIM42410 · Employment income: basis of assessment for general earnings: death of employee or office holder: earnings received up to the date of death
  • EIM42420 · Employment income: basis of assessment for general earnings: more than usual number of pay days in the year
  • EIM42430 · Employment income: basis of assessment for general earnings: timing of expenses deductions
  • EIM42440 · Employment income: basis of assessment for general earnings: assessments made after a change of practice
  • EIM42450 · Employment income: basis of assessment for general earnings: assessments made after a change of practice: income to which the change of practice rule applies
  • EIM42460 · Employment income: basis of assessment for general earnings: assessments made after a change of practice: cases involving exemption from tax
  • EIM42470 · Employment income: basis of assessment for general earnings: assessments made after a change of practice: how the change of practice rule applies
  1. Employment income: basis of assessment for general earnings: arrangement of guidance: contents
  2. Employment income: basis of assessment for general earnings: employees who are, or have been, not resident or not domiciled in the United Kingdom

EIM42207 | Employment income: basis of assessment for general earnings: employees who are, or have been, not resident or not domiciled in the United Kingdom

From HM Revenue & Customs · Employment Income Manual

Chapters 4 and 5 of Part 2 ITEPA 2003

If an employee or office holder receives earnings for a year when they are (or were) not resident or not domiciled in the United Kingdom, the amount received may not be, or may only partly be, taxable. Detailed guidance is at EIM40001 onwards. In general you will find that, in cases involving non-UK residence or domicile:

  • some earnings are taxable when they are received (see EIM42260 onwards)

  • some earnings are taxable when they are received in the United Kingdom (see EIM42370) and

  • some earnings (mainly, those relating to overseas duties) may not be taxable at all.

Remember that it is the employee’s residence and domicile status in the year that the earnings are for that determines whether (or to what extent) the earnings are taxable (see EIM42201).

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