SCHEDULES

SCHEDULE 35Pension schemes etc: minor and consequential amendments

Income Tax (Earnings and Pensions) Act 2003 (c. 1)

I154

The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

Annotations:
Commencement Information
I1

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I255

In section 23(3) (calculation of “chargeable overseas earnings”), in Step 2, for paragraphs (b) and (c) substitute—

b

sections 188 to 194 of FA 2004 (contributions to registered pension schemes), or

Annotations:
Commencement Information
I2

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I356

In section 54 (1) (calculation of deemed employment payment), in Step 5, for “scheme approved under Chapter 1 or 4 of Part 14 of ICTA” substitute “ registered pension scheme ”.

Annotations:
Commencement Information
I3

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I457

In section 56(8) (application of Income Tax Acts in relation to deemed employment), for “relevant earnings of the worker for the purposes of section 644 of ICTA (relevant earnings for purposes of permissible pension contributions).” substitute “ relevant UK earnings of the worker for the purposes of Part 4 of FA 2004. ”

Annotations:
Commencement Information
I4

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I558

In section 218(4) (“lower-paid employment”: deductions to be subtracted), for the references to sections 592(7) and 594 of ICTA substitute— “ sections 188 to 194 of FA 2004 (contributions to registered pension schemes), or ”.

Annotations:
Commencement Information
I5

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I659

In section 315(5) (limited exemption for expenses connected with certain living accommodation), in Step 3, for paragraph (b) substitute—

b

sections 188 to 194 of FA 2004 (contributions to registered pension schemes), or

Annotations:
Commencement Information
I6

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I760

1

Section 327 (deductions from earnings: general) is amended as follows.

2

In subsection (4), omit the entry relating to section 619 of ICTA.

3

In subsection (5), for the entries relating to sections 592(7) and 594 (1) of ICTA substitute “ and sections 188 to 194 of FA 2004 (contributions to registered pension schemes). ”

Annotations:
Commencement Information
I7

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I861

In section 381 (deductions from seafarers' earnings: taking account of other deductions), for paragraphs (c) to (e) substitute—

c

section 262 of CAA 2001 (capital allowances to be given effect by treating them as deductions from earnings), and

d

sections 188 to 194 of FA 2004 (contributions to registered pension schemes).

Annotations:
Commencement Information
I8

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I962

1

Section 407 (payments and benefits on termination of employment: exception for payments and benefits under tax-exempt pension schemes) is amended as follows.

2

In subsection (2), for paragraph (a) substitute—

a

a registered pension scheme,

aa

a scheme set up by a government outside the United Kingdom for the benefit of employees or primarily for their benefit, or

3

Omit subsection (3).

Annotations:
Commencement Information
I9

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I1063

1

Section 408 (payments and benefits on termination of employment: exception for contributions to tax-exempt pension schemes) is amended as follows.

2

In subsection (1), for “tax-exempt pension scheme or approved personal pension arrangements” substitute “ registered pension scheme ”.

3

Omit subsection (2).

4

In the heading, for “tax-exempt pension schemes” substitute “ registered pension schemes ”.

Annotations:
Commencement Information
I10

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I1164

In section 563 (former employees: deductions for liabilities), in the definition of “relevant retirement benefit”, for paragraphs (a) and (b) substitute—

a

which is received by the former employee under an employer-financed retirement benefits scheme, and

b

which, under Chapter 2 of Part 6, counts as employment income of the former employee.

Annotations:
Commencement Information
I11

Ss. 160-274, 281, Schs. 30-35 in force at 6.4.2006 but any power to make an order or regulations under those provisions may be exercised at any time after Royal Assent, see s. 284

I1265

1

Schedule 1 (abbreviations and defined expressions) is amended as follows.

2

In Part 1, insert at the end—

FA 2004

The Finance Act 2004 (c. 12)

3

In Part 2, insert at the appropriate place—

registered pension scheme

section 832 (1) of ICTA