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Sam, Accountant
Category: Tax
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Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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A colleague is in the third year of an overseas secondment

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A colleague is in the third year of an overseas secondment in the UK from the Indian subsidiary of the UK firm. He has been employed by the UK company during this period and full deductions made and NIC. All net payments have been remitted to his UK bank account. He has worked overseas least 30 days in each of the last two years on business trips and has heard that he may be able to obtain some form of tax relief as a result. Overseas Workday Relief would not seem to be an option due to the remittances all going to UK. Are there any other reliefs?

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I am afraid under this set of circumstances there are no tax reliefs, as
1) The colleague lives and works in the UK secondment period
2) Has spent less than 90 days out of the UK (and more than 90 days in the UK)
3) Relief is not due as a sea farer
4) Relief is not due under foreign earnings deductions,
5) This does not fall within the remittance basis of taxation
6) Nor the relief you had already identified the new Overseas Workday relief
Your colleague just happens to have spent some time abroad purposes, and the income pertaining to this element of work, remains first and foremost as taxable, due to your colleagues residency position within the UK.
Sorry the news is not more favourable
Customer: replied 3 years ago.
Would the OWR have been available were it not remittances all going to the UK?

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No, as the income actually arises in the UK, and duration this individual carries out the main of his duties in this country where he is treated as resident and ordinarily resident (although perhaps not domiciled) - so this relief would not apply at all in this instance.
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