Timeframe of secondment:
Once it has been established that the secondment constitutes continuing employment, relief can only be obtained if it is expected that the employees’ duties in the UK will last no longer than 24 months. If at any point during this 24 month period the expectation changes, such that the duration of stay is likely to exceed 24 months, the tax relief is lost from the date of the change in expectation- not from the end of the 24 month period.
Business travel relief:
If the above conditions are satisfied then the costs of all business travel associated with the secondment including reasonable subsistence and accommodation costs are allowable expenses, in full, against the employees income, or if paid for by the employer, are not taxable as earnings or benefits of the employee.
What constitutes “reasonable cost” is likely to reflect the seniority of the employee. The relief given is sometimes restricted if the accommodation is also provided to other family members.
Round sum allowances:
In some situations round sum allowances for employees’ accommodation and subsistence are granted by employers. These can be possible to be paid without tax, but permission may need to be sought from HMRC and a different type of payroll scheme may be required. It is preferable, if somewhat more administratively burdensome, to pay or to refund specific receipted expenses.
Scale Rate Payments:
HMRC do allow flat rate payments to cover an employee’s subsistence while on temporary relocation to a different office. These have been subject to various changes over the last few years, and given the secondment to the UK is not exactly what these benchmark rates are supposed to cover, there is limited clear guidance as to exactly what would apply to an overseas employee sent to the UK under this relief. However, it would appear in the absence of further guidance from HMRC that you are able to apply the provisions as laid out in HMRC manual EIM05231
The employee must keep all records of expenditure to support the tax relief claim.
This is a complex and grey area, and there are detailed restrictions and further conditions – it is important to seek advice on a case by case basis to ensure the relief is used correctly.
Exemption from UK National Insurance for individual and company.
When someone is employed in the UK they pay National Insurance tax (broadly a social security charge) as an individual, plus the company pays a national insurance tax on top of gross salaries, that cannot be made the liability of the employee.
Both the individual and the company could be exempt from paying this charge depending on which country the secondee is being sent to work from.
Broadly…
If you are from…
- Barbados
- Bermuda
- Canada
- Chile
- Isle of Man
- Israel
- Jamaica
- Japan
- Jersey and Guernsey
- Mauritius
- New Zealand
- Philippines
- Republics of former Yugoslavia (the Republics of Bosnia-Herzegovina, North Macedonia, Serbia, Montenegro and Kosovo)
- South Korea (also known as The Republic of Korea)
- Turkey
- USA
And provide proof that you are continuing to contribute to your local social security contributions – you can again be exempted from UK social security.
If you are travelling from EU, Iceland, Lichtenstein, Norway or Switzerland
– employees can continue to contribute to their social security arrangements in their home country and would be exempt from National Insurance in the UK if they provide a Portable Document A1 (PDA1) issued by a social security institution.
If you are from anywhere else you are exempt for 52 weeks from social security provided.
- You are not ordinarily resident in the UK
- You normally work outside the UK for a foreign employer
- You have been sent to work in the UK for a time by that foreign employer
- When you are in the UK you continue to work for that employer
- If you bring anyone to the UK it is your responsibility to ensure that they have the right to work in the UK. If a visa guide is required we can help – see our guide here.
