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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. Non-registered schemes: beneficiaries' annuities from unused funds

Section 646D | Non-registered schemes: beneficiaries' annuities from unused funds F1

From legislation.gov.uk

(1)The charge to tax under this Part does not apply to an annuity payable to a person if—F1

(a)it is paid in respect of a deceased member of an overseas pension scheme, or relevant non-UK scheme, who had not reached the age of 75 at the date of the member's death,F1

(b)it would, if the scheme were a registered pension scheme and if “insurance company” in Part 4 of FA 2004 had the meaning given by subsection (8), be a dependants' annuity or nominees' annuity,F1

(c)the member died on or after 3 December 2014,F1

(d)either—F1

(i)the annuity was purchased using sums or assets that would, if the scheme were a registered pension scheme, be unused drawdown funds or unused uncrystallised funds, orF1

(ii)the annuity was purchased using sums or assets transferred to an insurance company by another insurance company in consequence of an annuity—F1

(a)that was payable to the person by that other insurance company,F1

(b)that was purchased as mentioned in sub-paragraph (i) or this sub-paragraph, andF1

(c)that would have been a dependants' annuity or nominees' annuity (as the case may be) if the scheme had been a registered pension scheme,F1

ceasing to be payable,

(e)no payment of the annuity is made before 6 April 2015, andF1

(f)in a case where the annuity is purchased as mentioned in paragraph (d)(ii), no payment is made before 6 April 2015 of—F1

(i)the prior annuity purchased as mentioned in paragraph (d)(i), andF1

(ii)any other annuity purchased as mentioned in paragraph (d)(ii) that is in the chain of annuities beginning with that prior annuity and ending with the annuity.F1

(2)The charge to tax under this Part does not apply to an annuity payable to a person if—F1

(a)it is paid in respect of a deceased member of an overseas pension scheme or relevant non-UK scheme,F1

(b)it is paid on the subsequent death of an individual who would, if the scheme were a registered pension scheme, be a dependant, nominee or successor of the member (“the beneficiary”),F1

(c)it would, if the scheme were a registered pension scheme and if “insurance company” in Part 4 of FA 2004 had the meaning given by subsection (8), be a successors' annuity,F1

(d)the beneficiary had not reached the age of 75 at the date of the beneficiary's death,F1

(e)the beneficiary died on or after 3 December 2014,F1

(f)either—F1

(i)the annuity was purchased using sums or assets that would, if the scheme were a registered pension scheme, be undrawn funds, orF1

(ii)the annuity was purchased using sums or assets transferred to an insurance company by another insurance company in consequence of an annuity—F1

(a)that was payable to the person by that other insurance company,F1

(b)that was purchased as mentioned in sub-paragraph (i) or this sub-paragraph, andF1

(c)that would have been a successors' annuity if the scheme had been a registered pension scheme and if “insurance company” in Part 4 of FA 2004 had the meaning given by subsection (8),F1

ceasing to be payable,

(g)no payment of the annuity is made before 6 April 2015, andF1

(h)in a case where the annuity is purchased as mentioned in paragraph (f)(ii), no payment is made before 6 April 2015 of—F1

(i)the prior annuity purchased as mentioned in paragraph (f)(i), andF1

(ii)any other annuity purchased as mentioned in paragraph (f)(ii) that is in the chain of annuities beginning with that prior annuity and ending with the annuity.F1

(3)The charge to tax under this Part does not apply to an annuity payable to a person if—F1

(a)it is paid in respect of a deceased member of an overseas pension scheme, or relevant non-UK scheme, who had not reached the age of 75 at the date of the member's death,F1

(b)it would, if the scheme were a registered pension scheme and if “insurance company” in Part 4 of FA 2004 had the meaning given by subsection (8), be a dependants' annuity payable to a dependant of the member or a nominees' annuity payable to a nominee of the member,F1

(c)the member died on or after 3 December 2014,F1

(d)the annuity—F1

(i)was purchased together with an annuity payable to the member that would, if the scheme were a registered pension scheme and if “insurance company” in Part 4 of FA 2004 had the meaning given by subsection (8), have been a lifetime annuity, orF1

(ii)was purchased using sums or assets transferred to an insurance company by another insurance company in consequence of an annuity—F1

(a)that was payable to the person by that other insurance company, andF1

(b)that would, if the scheme were a registered pension scheme and if “insurance company” in Part 4 of FA 2004 had the meaning given by subsection (8), have been a dependants' annuity or nominees' annuity (as the case may be) purchased as mentioned in sub-paragraph (i) or this sub-paragraph,F1

ceasing to be payable,

(e)no payment of the annuity is made before 6 April 2015, andF1

(f)in a case where the annuity is purchased as mentioned in paragraph (d)(ii), no payment is made before 6 April 2015 of—F1

(i)the prior annuity purchased as mentioned in paragraph (d)(i), andF1

(ii)any other annuity purchased as mentioned in paragraph (d)(ii) that is in the chain of annuities beginning with that prior annuity and ending with the annuity.F1

(4)The charge to tax under this Part does not apply to payments to a person of an annuity if—F1

(a)either—F1

(i)a member of an overseas pension scheme, or relevant non-UK scheme, was entitled to be paid the annuity immediately before the member's death, orF1

(ii)the annuity was purchased using sums or assets transferred to an insurance company by another insurance company in consequence of an annuity to which there was entitlement as mentioned in sub-paragraph (i), or which was purchased as mentioned in this sub-paragraph, ceasing to be payable,F1

(b)the payments would, if the scheme were a registered pension scheme and if “insurance company” in Part 4 of FA 2004 had the meaning given by subsection (8), be—F1

(i)payments of a lifetime annuity, andF1

(ii)payable to the person under pension rule 2 (see section 165 of FA 2004),F1

(c)the member had not reached the age of 75 at the date of the member's death,F1

(d)the member died on or after 3 December 2014,F1

(e)any payment of the annuity made before 6 April 2015 is made to the member, andF1

(f)in a case where the annuity is one purchased as mentioned in paragraph (a)(ii), any payment made before 6 April 2015—F1

(i)of the prior annuity to which there is entitlement as mentioned in paragraph (a)(i), orF1

(ii)of any other annuity purchased as mentioned in paragraph (a)(ii) that is in the chain of annuities beginning with that prior annuity and ending with the annuity,F1

is made to the member.

(5)Paragraph 27E(3) to (5) of Schedule 28 to FA 2004 (meaning of “unused drawdown funds” and “unused uncrystallised funds”) apply for the purposes of subsection (1).F1

(6)Paragraph 27FA(2) of Schedule 28 to FA 2004 (meaning of “undrawn funds”) applies for the purposes of subsection (2)(f).F1

(7)For the purposes of subsection (3)(d), an annuity is purchased together with another if they are purchased—F1

(a)in the form of a joint life annuity, orF1

(b)separately in circumstances in which the day on which the one is purchased is no earlier than seven days before, and no later than seven days after, the day on which the other is purchased.F1

(8)In this section “insurance company” means—F1

(a)an insurance company as defined by section 275 of FA 2004, orF1

(b)a person—F1

(i)whose normal business includes the activity of providing annuities,F1

(ii)who carries on that activity in a country or territory outside the United Kingdom, andF1

(iii)whose carrying on of that activity in any particular country or territory outside the United Kingdom—F1

(a)is regulated in that country or territory, orF1

(b)is lawful under the law of that country or territory because it is regulated in another country or territory,F1

and for this purpose an activity is regulated in a country or territory if it is regulated by the government of that country or territory or by a body established under the law of that country or territory for the purpose of regulating the carrying-on of the activity.

Notes

  1. F1

    Ss. 646B-646F inserted (with effect in accordance with Sch. 4 para. 17(2) of the amending Act) by Finance Act 2015 (c. 11), Sch. 4 para. 17(1)

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