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Income Tax (Earnings and Pensions) Act 2003

Section 574: “Pension”: interpretation

2308.This section ensures the charge applies to voluntary pensions. It derives from section 58(2) of ICTA.

2309.Subsection (1) identifies voluntary pensions using the same language that section 570 uses to identify United Kingdom voluntary pensions. But the rules for foreign voluntary pensions are slightly different from the rules for United Kingdom voluntary pensions. For a foreign voluntary pension there is no equivalent of section 133(2) of ICTA (see paragraph 2291). A foreign pension paid on a voluntary basis will be taxable only if it meets the conditions in section 58(2) of ICTA.

2310.Subsections (2) and (3) set out the conditions in section 58(2) of ICTA. The effect of the Interpretation Act 1978 is that the reference to “widow” in section 58(2)(b) of ICTA includes “widower”. Subsection (2)(b) makes this effect explicit.

2311.Subsection (4) gives the meaning of “office”. It applies section 5 in Part 2 (Employment Income: charge to tax).

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