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Legislation
Income Tax (Earnings and Pensions) Act 2003

Chapter 6 Deductions from seafarers' earnings

  • Section 378 Deduction from seafarers' earnings: eligibility
  • Section 379 Calculating the deduction
  • Section 380 Limit on deduction where UK duties etc. make amount unreasonable
  • Section 381 Taking account of other deductions
  • Section 382 Duties on board ship
  • Section 383 Place of performance of incidental duties
  • Section 384 Meaning of employment “as a seafarer”
  • Section 385 Meaning of “ship”
  1. Chapter 6 · Deductions from seafarers' earnings
  2. Deduction from seafarers' earnings: eligibility

Section 378 | Deduction from seafarers' earnings: eligibility

From legislation.gov.uk

(1)A deduction is allowed from earnings from an employment as a seafarer if—

(a)the earnings are relevant general earnings,F1

(b)the duties of the employment are performed wholly or partly outside the United Kingdom, and

(c)any of those duties are performed in the course of an eligible period.

(2)In this Chapter “eligible period” means a period consisting of at least 365 days which is either—

(a)a period of consecutive days of absence from the United Kingdom, or

(b)a combined period.

(3)A combined period is a period—

(a)at least half of the days in which are days of absence from the United Kingdom, and

(b)which consists of 3 consecutive periods, A, B and C, where—

A is a period of consecutive days of absence from the United Kingdom or a period which is itself a combined period,

B is a period of not more than 183 days, and

C is a period of consecutive days of absence from the United Kingdom.

(4)For this purpose a person is only regarded as being absent from the United Kingdom on any day if absent at the end of the day.

(5)Relevant general earnings” means—F2

(a)taxable earnings under section 15, 22 or 26, orF2

(b)general earnings—F2

(i)to which section 27 applies, andF2

(ii)which are for a period in which the employee is liable under the law of an EEA State (other than the United Kingdom) to tax in that State by reason of domicile or residence.F2

(6)Repealed

Notes

  1. F1

    Words in s. 378(1) substituted (with effect in accordance with Sch. 46 para. 72 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 37(2)

  2. F2

    S. 378(5) substituted (with effect in accordance with Sch. 46 para. 72 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 37(3)

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