Section 26 Foreign earnings for year when [remittance basis applies and employee not ordinarily UK resident]
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Amendments
Heading words substituted by Finance Act 2008 section 25 and Schedule 7 para 19(5) for 2008-09 and later tax years.
(1) This section applies to general earnings for a tax year [where section 809B, 809D or 809E of ITA 2007 (remittance basis) applies to the employee for that year and the employee is not ordinarily UK resident in that year, if the general earnings]1 are neither—
(a) general earnings in respect of duties performed in the United Kingdom, nor
(b) general earnings from overseas Crown employment subject to United Kingdom tax.
Amendments
1 Substituted by Finance Act 2008 section 25 and Schedule 7 para 19(2) for 2008-09 and later tax years.
(2) The full amount of any general earnings within subsection (1) which are remitted to the United Kingdom in a tax year is an amount of “taxable earnings” from the employment in that year.
(3) Subsection (2) applies whether or not the employment is held when the earnings are remitted.
Amendments
Subs (3) substituted by Finance Act 2008 section 25 and Schedule 7 para 19(3) for 2008-09 and later tax years.
(4) Section 28 explains what is meant by “general earnings from overseas Crown employment subject to United Kingdom tax”.
(5) See Chapter A1 of Part 14 of ITA 2007 for the meaning of “remitted to the United Kingdom” etc.
Amendments
Subs (5) inserted by Finance Act 2008 section 25 and Schedule 7 para 19(4) for 2008-09 and later tax years.
(6) General earnings for the employee for the tax year fall within section 15(1) if they do not fall within subsection (1).
Amendments
Subs (6) inserted by Finance Act 2008 section 25 and Schedule 7 para 19(4) for 2008-09 and later tax years.
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