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16 February 2009
HMRC Q&A confirms Statement of Practice 5/84
HMRC have published a Q&A stating that Statement of Practice 5/84 - ‘employees resident but not ordinarily resident in the UK: general earnings under ITEPA 2003 ss 25 26’ - still applies:
‘For 2008-09 HMRC will continue to operate Statement of Practice 5/84 on the same basis as in 2007-08. The statement of practice will therefore operate on a concessionary basis until the end of the tax year 2008-09 and where appropriate apply instead of provisions in FA 2008 Sch 7 (for example instead of the mixed fund rule). This temporary measure will help ensure a smooth transition to the new legislation for employers and employees who currently use the statement of practice.
'As with all concessions HMRC reserves the right to not apply this concession in particular cases where the concession is used for tax avoidance purposes.
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