PSI17.2.8 - Tax Treatment of Approved Schemes and Payments by Approved Schemes: Taxation of Payments to Scheme Members - Pensions - Pensions From Overseas Schemes


(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

An overseas scheme which is wholly or partly approved under Chapter I Part XIV ICTA 1988 is generally for United Kingdom based employees. A pensioner who retires abroad will not therefore qualify for exemption from United Kingdom tax under the overseas service test in PSI17.2.4. The only reliefs available are normally under a Double Taxation Agreement if one exists or under section 278 ICTA 1988 (see PSI17.2.5).

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

The scheme rules must therefore require the pensions to be purchased in accordance with PSI17.2.6. This applies also to any rules which enable individual annuities to be bought, for example, when the scheme is wound-up or the employee leaves service. Refer any objection to this requirement to your Divisional Manager.