The 365-Day Qualifying Period & the Midnight Rule
Seafarers’ Earnings Deduction is set out in section 378 of the Income Tax (Earnings and Pensions) Act 2003. One of its conditions is an eligible period: a period of at least 365 days made up mainly of days of absence from the UK.
How HMRC defines a “day of absence”
Days are not counted by where you spend most of the day. They are counted by where you are when the day ends.
“You’re absent from the UK on a particular day if you’re outside the UK at midnight at the end of that day.”HMRC Helpsheet HS205
As a result, the day of departure counts as a day of absence and the day of return does not. HMRC’s guidance treats casting off from a UK berth as the time of departure for a voyage that begins or ends outside the UK. The guidance refers to midnight at the end of the day; it does not set out separate rules for time zones.
Being on duty is not part of the test. A rest day, leave day or standby day spent outside the UK at midnight is a day of absence in the same way as a working day.
Worked example
A seafarer leaves the UK on Monday morning and lands back in the UK on Saturday evening. They are outside the UK at midnight at the end of Monday, Tuesday, Wednesday, Thursday and Friday: 5 days of absence. Saturday is a UK day, because they are in the UK at midnight.
Return visits within the period
The 365 days do not have to be spent continuously abroad. Under HS205, a return visit to the UK can form part of the eligible period when both of the following apply:
- no single return visit lasts for more than 183 consecutive days, and
- total UK days stay within the half-day rule (see Article 2).
A return visit only counts when it falls between two periods of absence. UK days at the end of a run of absence days do not extend the period.
Educational reference only, summarising published HMRC guidance. Not tax advice. Confirm how these rules apply to your circumstances with a qualified tax professional.