Modifications etc. (not altering text)
C1Pt. 9: power to amend conferred (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), s. 4(3)
C2Pt. 9 excluded by 2004 c. 12, Sch. 36 para. 45A(1) (as inserted (26.3.2015) by Finance Act 2015 (c. 11), Sch. 4 para. 19)
(1)This section applies to an annual payment which—
(a)is paid voluntarily, or
(b)is capable of being discontinued,
if conditions A and B are met.
(2)Condition A is that the payment is paid to—
(a)a former employee or a former office-holder,
(b)the widow or widower [F1or surviving civil partner] of a former employee or former office-holder, or
(c)any child, relative or dependant of a former employee or a former office-holder.
(3)Condition B is that the payment is paid by or on behalf of—
(a)the person—
(i)who employed the former employee, or
(ii)under whom the former office-holder held the office, or
(b)the successors of that person.
(4)But this section applies to a payment which is paid by or on a behalf of a person who is outside the United Kingdom only if it is paid to a person resident in the United Kingdom.
(5)In this section “office” includes in particular any position which has an existence independent of the person who holds it and may be filled by successive holders.
Textual Amendments
F1Words in s. 633(2)(b) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 159
(1)The taxable pension income for payments to which section 633 applies is determined in accordance with this section if the payments are made by or on behalf of a person who is in the United Kingdom.
(2)The taxable pension income for a tax year is the full amount of the payments accruing in that year irrespective of when any amount is actually paid.
(1)The taxable pension income for payments to which section 633 applies is determined in accordance with this section if the payments are made by or on behalf of a person who is outside the United Kingdom.
(2)The taxable pension income for a tax year is [F2the full amount of the pension income arising in the tax year, but subject to [F3subsection] (4)] .
F4[F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)[F6The full amount of the pension income arising in the tax year ] is treated as relevant foreign income for the purposes of Chapters 2 and 3 of Part 8 of [F7ITTOIA 2005] (relevant foreign income: remittance basis and deductions and reliefs).
(5)But if that pension income arises in the Republic of Ireland, section 839 of that Act (annual payments payable out of relevant foreign income) applies with the omission of [F8conditions B1 and B2 (and the reference to them in subsection (1))] and subsection (5)(a).
(6)See also Chapter 4 of that Part (unremittable income).]
Textual Amendments
F2Words in s. 635(2) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 609(2) (with Sch. 2)
F3Word in s. 635(2) substituted (with effect in accordance with Sch. 3 para. 2(6) of the amending Act) by Finance Act 2017 (c. 10), Sch. 3 para. 2(4)(c)(i)
F4S. 635(3) omitted (with effect in accordance with Sch. 3 para. 2(6) of the amending Act) by virtue of Finance Act 2017 (c. 10), Sch. 3 para. 2(3)
F5S. 635(3)-(6) substituted for s. 635(3) (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 609(3) (with Sch. 2)
F6Words in s. 635(4) substituted (with effect in accordance with Sch. 3 para. 2(6) of the amending Act) by Finance Act 2017 (c. 10), Sch. 3 para. 2(4)(c)(ii)
F7Words in s. 635(4) substituted (with effect in accordance with Sch. 3 para. 2(6) of the amending Act) by Finance Act 2017 (c. 10), Sch. 3 para. 2(4)(c)(iii)
F8Words in s. 635(5) substituted (with effect in accordance with Sch. 3 para. 2(6) of the amending Act) by Finance Act 2017 (c. 10), Sch. 3 para. 2(5)
If section 633 applies, the person liable for any tax charged under this Part is the person receiving or entitled to the payment.