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Legislation
Income Tax (Earnings and Pensions) Act 2003

Chapter 17 Exemptions: any taxpayer

  • Section 638 Awards for bravery
  • Section 639 Pensions in respect of death due to military or war service
  • Section 640 Exemption under section 639 where income withheld
  • Section 640A Lump sums provided under armed forces early departure scheme
  • Section 641 Wounds and disability pensions
  • Section 642 Compensation for National-Socialist persecution
  • Section 642A Netherlands Benefit Act for Victims of Persecution 1940-1945
  • Section 643 Malawi, Trinidad and Tobago and Zambia government pensions
  • Section 644 Pensions payable where employment ceased due to disablement
  • Section 644A Health and employment insurance payments
  • Section 645 Social security pensions: increases in respect of children
  • Section 646 Former miners etc: coal and allowances in lieu of coal
  • Section 646A Foreign pensions of consular employees
  • Section 646B Registered schemes: beneficiaries' annuities from unused funds
  • Section 646C Registered schemes: beneficiaries' annuities from drawdown funds
  • Section 646D Non-registered schemes: beneficiaries' annuities from unused funds
  • Section 646E Non-registered schemes: beneficiaries' annuities from drawdown funds
  • Section 646F Interpretation of sections 646B to 646E
  1. Chapter 17 · Exemptions: any taxpayer
  2. Malawi, Trinidad and Tobago and Zambia government pensions

Section 643 | Malawi, Trinidad and Tobago and Zambia government pensions F1

From legislation.gov.uk

(1)No liability to income tax arises on—

(a)a Malawi government pension,

(b)a Trinidad and Tobago government pension, or

(c)a Zambia government pension,

if conditions A, B and C are met.

(2)Condition A is that the pension is paid to—

(a)the original pensioner, or

(b)the widow or widower or surviving civil partner of the original pensioner.F2

(3)Condition B is that the pension is now paid under section 1 of OPA 1973 (whether or not it is paid out of a fund established under a scheme made under that section).

(4)Condition C is that, at the time the pension is paid, provision is made by double taxation relief arrangements which would exempt the pension from income tax in the United Kingdom if the pension were still paid by the relevant government (rather than under section 1 of OPA 1973).

(5)Subsection (1) does not apply to any part of a pension which is paid because the Pensions (Increase) Act 1971 (c. 56) applies to it.

(6)In this section—

(7)For the purposes of this section a person is the “original pensioner” in relation to a pension if—

(a)the pension is payable by virtue of the person’s service, and

(b)the person retired from that service before 6th April 1973.

Notes

  1. F1

    Words in s. 643(6) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 60 (with Sch. 9 paras. 1-9, 22)

  2. F2

    Words in s. 643(2)(b) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 160

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