RG5.4 - Liability to UK tax: Scope of liability to income tax on earnings (Schedule E)
| Status of employee | Duties of employment performed wholly or partly in the UK | Duties of employment performed wholly outside the UK | ||
| In the UK | Outside the UK | |||
| Foreign emoluments 1 | Resident and ordinarily resident in the UK | Liable - 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 resident | Liable
Case II | Liable if received in the
UK
Case III | Liable if received in the
UK
Case III |
|
| Not resident | Liable
Case II | Not liable | Not liable | |
| Other earnings | Resident and ordinarily resident | Liable - less possible
deduction 2
Case I | Liable - less possible
deduction 2
Case I | Liable - less possible
deduction 2
Case I |
| Resident but not ordinarily resident | Liable
Case II | Liable if received in the
UK
Case III | Liable if received in the
UK
Case III |
|
| Not resident | Liable
Case II | Not liable | Not liable | |
- "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.
- 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).
