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Home / Simons-Taxes /Personal and employment tax /Part E4 Employment income /Division E4.10A Disguised remuneration /Disguised remuneration—prescribed exclusions / E4.1062 Disguised remuneration—exclusions—particular rules for retirement benefits etc
Commentary

E4.1062 Disguised remuneration—exclusions—particular rules for retirement benefits etc

Personal and employment tax

Pension income chargeable under Part 9 etc

Pension benefits are almost always provided by a third party and thus could potentially be within the scope of the disguised remuneration legislation. The provisions described here therefore exclude any charge by reason of a relevant step within ITEPA 2003, s 554C or 554D (see E4.1058) if the step is the provision of pension income which is chargeable to income tax under ITEPA 2003, Pt 9 (ss 565–654) (see E4.133–E4.134D) or is exempt income (within the meaning of that Part)1.

Five further sections (ITEPA 2003, ss 554T–554X) and a set of regulations (SI 2011/2696 (the Employment Income Provided Through Third Parties (Excluded Relevant Steps) Regulations)) set out in more detail the precise extent to which pensions income is outside the scope of the legislation; they are to be applied, insofar as they are applicable, in the order in which they are listed2.

There are also exclusions in relation to certain sums from foreign pension schemes and payments from registered pensions schemes that have

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