If your
company is planning to second employees from an overseas associated company,
significant tax breaks could be available under the UK tax rules for temporary workplace
and overseas workday reliefs.
Under the temporary
workplace relief (TWR) rules, where an employee is seconded from a permanent
workplace to a temporary workplace for a period not exceeding 24 months,
accommodation and other living expenses can be provided by the employer free of
tax and NIC. This can cover secondments
from abroad as well as within the UK, and provide significant savings in the
cost to the employer of the employment package as well as reduced tax
liabilities for the employee. Deductible
UK living expenses can include rent, utilities, council tax, household goods,
local travel, meals and food.
Overseas
workday relief (OWR) can benefit secondees to the UK who are required to work
some of their time outside the UK, since the overseas workday proportion of their
remuneration can be free of UK tax if certain conditions are satisfied. Previously the employee had to be “not
ordinarily resident” in the UK, which in practice meant that OWR was available for
the first 3 years. Under the new
statutory residence rules effective from 6 April 2013, the concept of ordinary
residence has been abolished, but OWR is still available provided that the
individual is not UK-domiciled and has previously been non-resident for a consecutive
period of 3 years. Another important
condition is that the overseas workday proportion of remuneration must be paid
to the employee outside the UK and not remitted to the UK. The employer can arrange with HMRC for OWR to
be given through PAYE on an estimated basis pending final relief through the
employee’s personal tax return.
For further
information/advice on this subject please contact Ward Williams:
01932 830664
· www.wardwilliams.co.uk · enquiries@wardwilliams.co.uk
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