Part 9Pension income

Chapter 18Exemptions: Non-UK resident taxpayers

652Overseas Service Act 1958

1

No liability to income tax arises on a pension—

a

which is paid under the authority of the Overseas Service Act 1958 (c. 14), and

b

which the Secretary of State certifies to be attributable to the employment of a person in the public services of an overseas territory,

if the foreign residence condition is met.

2

If the Secretary of State certifies that only part of a pension paid under the authority of the 1958 Act is attributable to the employment of a person in the public services of an overseas territory, subsection (1) applies only to that part of the pension.

3

For the purposes of subsections (1) and (2) a pension is paid under the authority of the 1958 Act if condition A or B is met.

4

Condition A is that the pension is paid under either of the following—

a

an order made under section 2 of the 1958 Act, or

b

section 4(2) of the 1958 Act,

as it has effect (by reason of section 2(3) of OPA 1973) as a scheme under section 2 of OPA 1973.

5

Condition B is that the pension is paid under a scheme which the Secretary of State—

a

has made under section 2(1) of OPA 1973, and

b

has certified to correspond to—

i

an order made under section 2 of the 1958 Act, or

ii

section 4(2) of the 1958 Act.

6

For the purposes of this section, a person is taken to be employed in the public service of an overseas territory at any time when—

a

the person is employed in any capacity under the government of that territory, or under any municipal or other local authority in it,

b

the person is employed in circumstances not falling within paragraph (a), by a body corporate established for any public purpose in that territory by an enactment of a legislature empowered to make laws for that territory, or

c

the person is the holder of a public office in that territory in circumstances not falling within paragraph (a) or (b).

7

In subsection (6) references to the government of an overseas territory include references to—

a

a government constituted for two or more overseas territories, and

b

any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more such territories.

8

In this section—

  • “the 1958 Act” means the Overseas Service Act 1958 (c. 14);

  • “certified” means certified for the purposes of ICTA 1970, ICTA or this Act.