Part 9Pension income

Chapter 13Return of surplus employee additional voluntary contributions

623Return of surplus employee additional voluntary contributions

1

This section applies to a payment if conditions A, B and C are met.

2

Condition A is that the payment is made out of funds which are or have been held for the purposes of—

a

a scheme which is or has been an exempt approved scheme, or

b

a relevant statutory scheme established under a public general Act.

3

Condition B is that the payment is made under a duty to return surplus funds.

4

Condition C is that the payment is made to or for the benefit of an employee.

5

A payment to which this section applies is not to be charged to tax under—

a

section 598 or 599 of ICTA, or

b

the Regulations mentioned in paragraph 8 of Schedule 3 to FA 1971.

6

In this section “payment” includes—

a

a transfer of assets, and

b

any other transfer of money’s worth.