Foreign service exemption for termination payments

Produced by Tolley in association with

Employment Tax

Guidance

What is ‘foreign service’?

Up to 5 April 2018 a full or partial exemption from UK tax was available on a termination payment where the employment included a period of ‘foreign service’. The definition of ‘foreign service’ is complex as it reflects the different rules that have applied to the taxation of foreign earnings over the years.

Moves were made to significantly limit such claims for 2028/19 onwards, as a result of which, most employees no longer qualify for any form of relief, even if part of their termination payment can be said to relate to an earlier period of foreign service. Further details are however retained below, both for historical reference, and for the benefit of the small minority of individuals who may still qualify.

In respect of service from the 2003/04 tax year onwards, foreign service in relation to a particular employment means service such that the earnings from that employment were either:

•
not relevant earnings
•
earnings in respect of which a 100% seafarers’

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Sue El Hachmi

Senior Associate at Osborne Clarke

Sue advises on the design and implementation of employee incentive arrangements for private and public companies, including all types of tax-advantaged plans and bespoke arrangements for senior executives and management.Sue also advises on the incentive-related aspects of corporate transactions and has experience of private equity transactions and public company takeovers, flotations and demergers.Sue is a member of the Share Plan Lawyers Group and a member of the UK BioIndustry Association Finance and Tax Advisory Committee.

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