22 Pensions: some lump sum death benefits taxed as pension income

22  Pensions: some lump sum death benefits taxed as pension income

(1)     Part 9 of ITEPA 2003 (pension income) is amended in accordance with subsections (2) to (7).

(2)     In section 636A (lump sums under registered pension schemes) for subsection (4) (certain death benefit lump sums) substitute—

“(4)     If a lump sum under a registered pension scheme—

(a)     is listed in section 636AA, and

(b)     is paid to a non-qualifying person (see subsection (8)),

the sum is subject to income tax under section 206 of FA 2004 (charge to tax on scheme administrator in respect of certain lump sum death benefits) and not otherwise (but see section 206(8) of FA 2004).

(4ZA)     If a lump sum under a registered pension scheme—

(a)     is listed in section 636AA, and

(b)     is paid to a qualifying person (see subsection (8)),

section 579A applies in relation to the sum as it applies to any pension under a registered pension scheme.”

(3)     In section 636A(1) (no liability to income tax on certain lump sum death benefits)—

(a)     after paragraph (c) insert “or”, and

(b)     omit paragraph (d) (certain defined benefits lump sum death benefits) and the “or” preceding it.

(4)     In section

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