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Legislation
Income Tax (Earnings and Pensions) Act 2003

Chapter 18 Exemptions: Non-UK resident taxpayers

  • Section 647 Introduction and meaning of “foreign residence condition” etc.
  • Section 648 The Central African Pension Fund
  • Section 649 Commonwealth government pensions
  • Section 650 Oversea Superannuation Scheme
  • Section 651 Overseas Pensions Act 1973
  • Section 652 Overseas Service Act 1958
  • Section 653 Overseas Service Pensions Fund
  • Section 654 The Pensions (India, Pakistan and Burma) Act 1955
  1. Chapter 18 · Exemptions: Non-UK resident taxpayers
  2. Introduction and meaning of “foreign residence condition” etc.

Section 647 | Introduction and meaning of “foreign residence condition” etc.

From legislation.gov.uk

(1)The provisions of this Part provide that no liability to income tax arises on certain kinds of pensions if the foreign residence condition is met.

(2)The foreign residence condition is met in relation to a pension if the pension is payable to a person who is not resident in the United Kingdom.

(3)For the purposes of the foreign residence condition, a person is taken to be not resident in the United Kingdom only if—

(a)a person makes a claim to the Commissioners for Her Majesty’s Revenue and Customs that the person is not resident, andF1

(b)the Commissioners are satisfied that the person is not resident.F2F3

(4)In this Chapter “pension” includes—

(a)a gratuity or any sum payable on or in respect of death,

(b)a return of contributions, and

(c)any interest or other addition included in a return of contributions.

Notes

  1. F1

    Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(2); S.I. 2005/1126, art. 2(2)(h)

  2. F2

    Word in s. 647 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(3)(h); S.I. 2005/1126, art. 2(2)(h)

  3. F3

    Word in s. 647(3)(b) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 116; S.I. 2005/1126, art. 2(2)(h)

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