Income Tax (Trading and Other Income) Act 2005

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

607 (1) Amend section 613 (taxable pension income: foreign annuities) as follows.

(2) In subsection (2) for the words “the amount” onwards substitute “the full amount of the annuity arising in the tax year, but subject to subsections (3) and (4).”

(3) For subsections (3) and (4) substitute—

“(3) The full amount of the annuity arising in the tax year is to be calculated on the basis that the annuity is 90% of its actual amount, unless as a result of subsection (4) the annuity is charged in accordance with section 832 of ITTOIA 2005 (relevant foreign income charged on the remittance basis).

(4) The annuity is treated as relevant foreign income for the purposes of Chapters 2 and 3 of Part 8 of that Act (relevant foreign income: remittance basis and deductions and reliefs).

(5) But if the annuity arises in the Republic of Ireland, section 839 of that Act (annual payments payable out of relevant foreign income) applies with the omission of condition B and subsection (5)(a).

(6) See also Chapter 4 of that Part (unremittable income).”