The taxation of pension income: Foreign pensions
Section 573 ITEPA 2003
Section 573 ITEPA 2003 applies to any pension paid by or on behalf of a person who is outside the United Kingdom to a person who is resident in the United Kingdom. It does not apply to any pensions charged by any of the provisions in Part 9 Chapters 5 to 14 ITEPA 2003 (see EIM74001).
Section 574 ITEPA 2003 extends the charge under Section 573 to a pension that is paid voluntarily or is capable of being discontinued if the following conditions are met:
- the pension is paid to a former employee or office holder or to their widow, widower, surviving civil partner, child, relative or dependant
- the payment is paid by or on behalf of the person who employed the former employee (or the person under whom the office was held) or by the successors of that person.
Annuities and income withdrawal from overseas pension schemes
From 6 April 2011, Section 574 ITEPA 2003 also extends the charge under Section 573 to:
- an annuity under, or purchased with sums or assets held for the purposes of, or representing acquired rights under, a relevant non-UK scheme (see RPSM13102130 for more detail) or an overseas pension scheme (see RPSM14101030 for more detail)
- an amount paid under a relevant non-UK scheme or an overseas pension scheme which, if the scheme were a registered pension scheme, would be income withdrawal (see RPSM09102010 onwards for more detail) or dependants’ income withdrawal (see RPSM10104400 onwards for more detail) within the meaning of paragraphs 7 and 21 of Schedule 28 to FA 2004.
The term “overseas pension scheme” has the same meaning as in section 150(7) FA 2004.
The term “relevant non-UK scheme” should be read in accordance with paragraph 1(5) of Schedule 34 to that Act.
Taxable pension income
Section 575 (as amended by IT(TOI)A 2005) provides that the taxable amount of a foreign pension is 90% of the actual amount arising in the tax year unless the income is charged in accordance with Section 832 of IT(TOI)A (relevant foreign income charged on the remittance basis). As foreign pensions are treated as “relevant foreign income”, Chapters 2, 3 and 4 of Part 8 IT(TOI)A respectively provide for claims to remittance basis, deductions and reliefs and unremittable income. These Chapters contain the rules that formerly applied to Case V of Schedule D. See IM1580 for further details.
Other pension income with a foreign source
The rules for foreign pensions also apply for determining the amount of taxable pension income for certain foreign annuities (see Sections 609 to 611 ITEPA 2003 and EIM74007) and for foreign voluntary annual payments (see Section 635 ITEPA 2003 and EIM74011).
Pre-1973 pensions paid under the Overseas Pensions Act 1973
Under Section 1 Overseas Pensions Act 1973, the responsibility for payment for certain pensions was transferred to the United Kingdom government from the governments of a number of former United Kingdom colonies. Section 629 ITEPA 2003 charges these pensions provided that the original pensioner retired before 6 April 1973. Pensions paid to the widow or widower of the original pensioner are also covered. Where Section 629 applies, the taxable amount of pension income is determined in accordance with the rules for foreign pensions. Section 629 does not apply to any statutory increases resulting from the application of the Pensions (Increase) Act 1971. Section 569 ITEPA 2003 (United Kingdom pensions) will apply to the statutory increases (see EIM74003).