M1(1)For the purposes of section 656—
“life annuity” means an annuity payable for a term ending with (or at a time ascertainable only by reference to) the end of a human life, whether or not there is provision for the annuity to end during the life on the expiration of a fixed term or on the happening of any event or otherwise, or to continue after the end of the life in particular circumstances; and
“purchased life annuity” means a life annuity granted for consideration in money or money’s worth in the ordinary course of a business of granting annuities on human life.
(2)Section 656 does not apply—
(a)to any annuity which would, apart from that section, be treated for the purposes of the provisions of the Tax Acts relating to tax on annuities and other annual payments as consisting to any extent in the payment or repayment of a capital sum;
(b)to any annuity where the whole or part of the consideration for the grant of the annuity consisted of sums satisfying the conditions for relief under section 266, 273 or 619 or to any annuity payable under a substituted contract within the meaning of section 622(3);
(c)to any annuity purchased in pursuance of any direction in a will, or to provide for an annuity payable by virtue of a will or settlement out of income of property disposed of by the will or settlement (whether with or without resort to capital);
(d)to any annuity purchased under or for the purposes of any sponsored superannuation scheme (as defined in section 624) or any scheme approved under section 620 or in pursuance of any obligation imposed, or offer or invitation made, under or in connection with any such scheme or to any other annuity purchased by any person in recognition of another’s services (or past services) in any office or employment;
[F1(da)to any annuity purchased under or for the purposes of a scheme approved by virtue of section 591 or in pursuance of any obligation imposed, or offer or invitation made, under or in connection with any such scheme;]
(e)to any annuity payable under approved personal pension arrangements within the meaning of Chapter IV of this Part[F2; or
(f)to any annuity purchased, for purposes connected with giving effect to any pension sharing order or provision, for consideration which derives from—
(i)a retirement benefits scheme (within the meaning of Chapter I of this Part) of a description mentioned in section 596(1);
(ii)sums satisfying the conditions for relief under section 619;
(iii)any such scheme or arrangements as are mentioned in paragraph (d) or (e) above; or
(iv)the surrender, in whole or in part, of an annuity falling within paragraph (da) above or this paragraph, or of a contract for such an annuity.]
Textual Amendments
F1S. 657(2)(da) substituted for word at the end of s. 657(2)(d) (retrospectively) by Finance Act 1999 (c. 16), s. 80
F2S. 657(2)(f) and preceding word inserted (27.7.1999) by Finance Act 1999 (c. 16), Sch. 10 para. 16
Marginal Citations
M1Source-1970 s.230(6), (7); 1978 s.26(4); 1987 (No.2), s.41(3)