RG5.4 - Liability to UK tax: Scope of liability to income tax on earnings (Schedule E)

 Status of employeeDuties of employment performed wholly or partly in the UKDuties of employment performed wholly outside the UK
 In the UKOutside the UK
Foreign emoluments 1Resident and ordinarily resident in the UKLiable - less possible deduction 2

Case I

Liable - less possible deduction 2

Case I

Liable if received in the UK

Case III

 Resident but not ordinarily residentLiable

Case II

Liable if received in the UK

Case III

Liable if received in the UK

Case III

 Not residentLiable

Case II

Not liableNot liable
Other earningsResident and ordinarily residentLiable - less possible deduction 2

Case I

Liable - less possible deduction 2

Case I

Liable - less possible deduction 2

Case I

 Resident but not ordinarily residentLiable

Case II

Liable if received in the UK

Case III

Liable if received in the UK

Case III

 Not residentLiable

Case II

Not liableNot liable
  1. "Foreign emoluments" is the term used in the Taxes Acts to mean the earnings of someone who is not domiciled in the UK (see Chapter 3) and whose employer is not resident in the UK (nor in the Republic of Ireland). See SE40031.
  2. There may be a deduction of 100% in these cases from the amount chargeable, if the earnings are for a period which is part of a qualifying absence lasting 365 days or more - this means that such earnings for that period will be free from UK tax. Up to 16 March 1998 the deduction could be claimed by all employees but after that date it is only available to seafarers (see SE40106 onwards).