Key points
- Consider under which capacity the directors execute their statutory and other codified duties.
- The split of the reward under dual contracts must reflect the duties performed in each country.
- Consideration must be given to whether duties performed in the UK are ‘merely incidental’ to duties performed overseas.
- When it comes to ‘gainful employment’ the tax and NICs legislation is not aligned.
Every so often that thorny question of UK statutory directors’ earnings comes to the fore – usually prompted either by an employer compliance review or a client query – and the answers are not necessarily easy to pin down. Now increasing trends in non-resident directors (NRDs) taking on statutory director roles in UK businesses while retaining homes and residence in their home country on commuter-style arrangements is pushing this issue forward once again.
Employment status
Directors appointed by statute – in other words ...