10 Termination payments: foreign service

10  Termination payments: foreign service

(1)     Chapter 3 of Part 6 of ITEPA 2003 (payments, and other benefits, on termination of employment etc) is amended as follows.

(2)     In section 413 (exception from charge on termination etc payment where employee's work history includes sufficient foreign service), before subsection (1) insert—

“(A1)     This section applies to a payment or other benefit if—

(a)     the payment or other benefit is within section 401(1)(a), and the employee or former employee is non-UK resident for the tax year in which the employment terminates, or

(b)     the payment or other benefit is within section 401(1)(b) or (c).”

(3)     In section 414(1) (reduction of termination etc payment where foreign service insufficient for section 413 exception)—

(a)     before paragraph (a) insert—

“(za)     either—

(i)     the payment or other benefit is within section 401(1)(a), and the employee or former employee is non-UK resident for the tax year in which the employment terminates, or

(ii)     the payment or other benefit is within section 401(1)(b) or (c),”, and

(b)     for paragraph (b) substitute—

“(b)     section 413(1) does not except the payment or other benefit from the application of this Chapter.”

(4)     After section 414A insert—

“414泦پDz

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