Income Tax (Earnings and Pensions) Act 2003

Finance Act 1989 (c. 26)

161 (1) Amend section 76 (non-approved retirement benefits schemes) as follows.

(2) In subsection (6C)—

(a) for “paragraphs (a), (b) or (c) of section 596(1) of the Taxes Act 1988” substitute “section 387(2) of the Income Tax (Earnings and Pensions) Act 2003”;

(b) for “emoluments” in the first place where it occurs substitute “earnings”; and

(c) for “foreign emoluments within the meaning of section 192” substitute “earnings and amounts treated as earnings to which subsection (6D) applies”.

(3) After subsection (6C) insert—

“(6D) This subsection applies to earnings and amounts treated as earnings for a year of assessment if—

(a) the employer or office-holder is not domiciled in the United Kingdom in that year, and

(b) the employment is with a foreign employer.

(6E) If there is a dispute as to whether the employee or office-holder is not domiciled in the United Kingdom, sections 42 and 43 of the Income Tax (Earnings and Pensions) Act 2003 (Board to determine dispute as to domicile) apply to the dispute as they apply to a dispute mentioned in section 42(1) of that Act.”

(4) In subsection (7)—

(a) after “this section” insert—

““earnings and amounts treated as earnings” means earnings and amounts treated as earnings which constitute employment income (see section 7(2)(a) or (b) of the Income Tax (Earnings and Pensions) Act 2003),

“foreign employer” has the meaning given by section 721 of that Act,”; and

(b) for “section 596(1)(a), (b) or (c) of the Taxes Act 1988” substitute “section 387(2) of the Income Tax (Earnings and Pensions) Act 2003”.