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Income Tax (Earnings and Pensions) Act 2003

Chapter 9: Exemptions: Pension provision
Section 307: Death or retirement benefit provision

1275.This section provides an exemption from the charge under the benefits code in respect of the provision by an employer for death or retirement benefits for an employee. It derives from a combination of the exemptions currently available under section 155(4) of ICTA and under ESC A72. That concession widens the scope of section 155(4), which only applies to death etc benefits payable to an employee’s spouse, children or dependants. The concession covers death etc benefits payable to other members of the employee’s family or household as defined in section 168(4) of ICTA. That definition is now in section 721(5).

1276.To the extent that this section legislates ESC A72 it is a minor change to the law. See Change 70 in Annex 1.

1277.An employee normally nominates the person to whom any death benefits should be paid. The exemption only applies if that nominee remains a member of the employee’s family or household.

Section 308: Exemption of contributions to approved personal pension arrangements

1278.This section provides there is no liability to income tax on contributions by an employer under approved personal pension arrangements made by the employee. It derives from section 643(1) of ICTA.

1279.Subsection (1) provides there is no liability to income tax on such contributions as earnings.

1280.Subsection (2) sets out relevant definitions by cross-reference to section 630(1) of ICTA.

1281.A personal pension scheme may be approved by the Board of Inland Revenue under section 631 of ICTA, in accordance with the rules in Chapter 4 of Part 14 of that Act.

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