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Income Tax (Earnings and Pensions) Act 2003, Section 636B is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies if—
(a)a trivial commutation lump sum, or
(b)a winding-up lump sum,
is paid to a member of a registered pension scheme under the pension scheme.
(2)The member is to be treated as having taxable pension income for the tax year in which the payment is made equal to the amount of the lump sum.
(3)But if, immediately before the lump sum is paid, the member [F2has uncrystallised rights (within the meaning of section 212 of FA 2004) under any one or more arrangements under the pension scheme, the amount of the taxable pension income—
(a)if all his rights under the pension scheme are uncrystallised rights, is 75% of the lump sum, and
(b)otherwise, is reduced by 25% of the value of the uncrystallised rights calculated in accordance with that section.]
(4)In this section—
“trivial commutation lump sum”, and
“winding-up lump sum”,
have the same meaning as in section 166 of FA 2004 (see Part 1 of Schedule 29 to that Act).]
Textual Amendments
F1Pt. 9 Ch. 15A inserted (6.4.2006) by Finance Act 2004 (c. 12), s. 284(1), Sch. 31 para. 11 (with Sch. 36)
F2Words in s. 636B(3) substituted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 59, 64(1)
Modifications etc. (not altering text)
C1S. 636B modified (6.4.2006) by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), arts. 1(1), 37
C2S. 636B applied (with modifications) (6.4.2006) by Finance Act 2004 (c. 12), Sch. 36 para. 35(4) (with s. 283(5), Sch. 36)
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