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Part 9Pension income

Chapter 16Exemption for certain lump sums

637Exemption for lump sums provided under certain pension schemes etc.

(1)No liability to income tax arises on a lump sum provided under—

(a)approved personal pension arrangements,

(b)a tax-exempt pension scheme, or

(c)a retirement annuity contract.

(2)But subsection (1)(b) applies to a lump sum paid in compensation for loss of office or employment, or for loss or diminution of earnings, only if—

(a)the payment is properly regarded as earned by past services, or

(b)the loss of office or employment, or the loss or diminution of earnings, is due to ill-health.

(3)Subsection (1)(b) does not apply to a lump sum to which section 583 (approved retirement benefits schemes: unauthorised payments) or section 623 (return of surplus AVCs) applies.

This includes cases where section 583 applies by virtue of section 593.

(4)Subsection (1)(c) applies to a lump sum only if it is provided in consequence of a right which meets the conditions in paragraphs (a) and (b) of section 620(3) of ICTA.

(5)In this section—

(6)In this section “tax-exempt pension scheme” means—

(a)a retirement benefits scheme which is—

(i)an approved scheme,

(ii)a relevant statutory scheme, or

(iii)a scheme set up by a government outside the United Kingdom for the benefit, or primarily for the benefit, of its employees, or

(b)any such scheme or fund as was described in section 221(1) and (2) of ICTA 1970 (schemes to which payments could be made without charge to tax under section 220 of that Act).

(7)For the purposes of subsection (6)—