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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading Place of performance of duties of employment

  • Section 38 Earnings for period of absence from employment
  • Section 38A Earnings relating to duties not performed
  • Section 39 Duties in UK merely incidental to duties outside UK
  • Section 40 Duties on board vessel or aircraft
  • Section 41 Employment in UK sector of continental shelf
  1. Place of performance of duties of employment
  2. Duties in UK merely incidental to duties outside UK

Section 39 | Duties in UK merely incidental to duties outside UK

From legislation.gov.uk

(1)This section applies if in a tax year an employment is in substance one whose duties fall to be performed outside the United Kingdom.

(2)Duties of the employment performed in the United Kingdom whose performance is merely incidental to the performance of duties outside the United Kingdom are to be treated for the purposes of this Chapter as performed outside the United Kingdom.

(3)This section does not affect any question as to—

(a)where any duties are performed, or

(b)whether a person is absent from the United Kingdom,

for the purposes of section 378 (deduction from seafarers' earnings: eligibility), and section 383 (place of performance of incidental duties) applies instead.

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