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Legislation
Income Tax (Earnings and Pensions) Act 2003

Chapter 11 Certain overseas government pensions paid in the UK

  • Section 615 Certain overseas government pensions paid in the United Kingdom
  • Section 616 Taxable pension income
  • Section 617 Deduction allowed from taxable pension income
  • Section 618 Person liable for tax
  1. Chapter 11 · Certain overseas government pensions paid in the UK
  2. Certain overseas government pensions paid in the United Kingdom

Section 615 | Certain overseas government pensions paid in the United Kingdom

From legislation.gov.uk

(1)This section applies to a pension if conditions A, B and C are met.

(2)Condition A is that the pension—

(a)is payable—

(i)to a person who has been employed in overseas government service, or

(ii)to the widow, widower, surviving civil partner, child, relative or dependant of a person who has been employed in overseas government service, andF1

(b)is payable in respect of that service.

(3)Condition B is that the pension—

(a)is payable in the United Kingdom, and

(b)is payable to a person who is resident in the United Kingdom.

(4)Condition C is that the pension is payable by or on behalf of the government of—

(a)a country which forms part of Her Majesty’s dominions,

(b)any other country which is for the time being mentioned in Schedule 3 to the British Nationality Act 1981 (c. 61), or

(c)any territory under Her Majesty’s protection.

(5)But condition C is not met if the pension is payable out of the public revenue of the United Kingdom or Northern Ireland.

(6)In condition A the references to a person being employed in overseas government service are to the person being employed outside the United Kingdom—

(a)in the service of the Crown, or

(b)in service under the government of a country or territory which falls within subsection (4).

(7)In this Chapter “pension” includes a pension which is paid voluntarily or is capable of being discontinued.

Notes

  1. F1

    Words in s. 615(2)(a)(ii) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 158

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