EIM40003 - General earnings: diagram showing the charging provisions

Chapters 4 and 5 of Part 2 ITEPA 2003

The provisions under which general earnings fall to be charged are shown in the following table.


United Kingdom residence status of employeeDuties of employment performed either wholly or partly in the United KingdomDuties of employment performed wholly outside the United Kingdom
Performed in the United KingdomPerformed outside the United Kingdom
Resident, ordinarily resident and domiciledSection 15 (See Note 1)Section 15 (See Note 1)Section 15 (See Note 1)
Resident, ordinarily resident but not domiciledSection 15 (See Note 1)Section 15 (See Note 1)Section 15 (See Note 1)

or

Section 22 (See Note 2)
Resident but not ordinarily residentSection 15Section 26Section 26
Not resident but ordinarily residentSection 27No liabilityNo liability
Not resident and not ordinarily residentSection 27No liabilityNo liability

Note 1

See EIM33000 and subsequent for information on the Seafarers’ Earnings Deduction.

Note 2

See EIM40102 for the circumstances in which Section 22 applies.

Summary of the charging provisions

Sections 15

: charges all general earnings for a tax year in which the employee or office holder is resident in the UK. The charge is on the full amount of earnings received in the tax year. See EIM40101. Before 6 April 2008 Sections 21 and 25 may apply (see EIM40002.)

If the employee is also ordinarily resident and domiciled in the UK, Section 15 applies irrespective of where the duties are performed. If the employee or office holder is resident and ordinarily resident but not domiciled in the UK, Section 15 applies to the extent that the earnings are not “chargeable overseas earnings” taxable under Section 22. If the employee or office holder is not ordinarily resident in the UK, Section 15 applies to UK based earnings, that is general earnings in respect of duties performed in the UK.

Section 22: charges "chargeable overseas earnings" but only to the extent that those earnings are remitted to the United Kingdom. See EIM40102.

Section 26: charges foreign earnings but only to the extent that those earnings are remitted to the United Kingdom. See EIM40301.

Section 27: charges all "UK-based" earnings, that is general earnings in respect of duties performed in the United Kingdom. The charge is on the full amount of Section 27 earnings received in the tax year. See EIM40201.