IPTM6140 - Sickness disability and unemployment insurance: lump sums to give up future rights to payments
Sometimes an insurer will offer a person a lump sum to give up
all future rights to payments from the policy.
Lump sums will be chargeable to tax in the hands of the
recipient where they are made up of accumulated benefits that are
annual payments and which do not qualify for exemption.
They will be taxable as business income if the receipt is a
trade receipt for the recipient - see
BIM40750.
Alternatively they may be taxable as employment or pension
income - see
EIM00670 and
EIM74014.
Most lump sums however will be capital, and not chargeable to
income tax as savings or investment income or capital gains tax,
whether or not the benefits were exempt - see
CG69040 onwards.
Lump sums may be payable by instalments, which would not
change their character. But if the total of the instalments is
greater than the lump sum payable, it is likely that the difference
represents interest and the precise nature of the payments will
need to be examined.
For lump sum compensation payments or out of court
settlements see SIM2060.
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