SE13660 - Termination payments and benefits: Section 148 ICTA 1988: exemptions: lump sums from superannuation schemes

Paragraph 4 Schedule 11 ICTA 1988 (Section 188(1)(c) & (d) & (2) ICTA 1988 for payments and benefits received before 6 April 1998) and Section 189 ICTA 1988

Lump sum retirement benefits exempt from tax under Section 148 ICTA 1988 are:

  • payments (and commutation of pension) made out of a statutory retirement benefits scheme. This means a scheme for which the particulars are set out in Statute or Regulations, or which has been approved by a Minister or Government Department as such a scheme. Examples are the Principal Civil Service Pension Scheme and Local Government pension schemes.
  • payments (and commutations of pensions) made out of a pension fund or scheme approved by the IR SPSS (Nottingham)
  • payments made out of a fund or scheme within Section 221(1) & (2) of ICTA 1970. However, payments for compensation for loss of office, or for the loss or reduction of earnings are not exempt unless
  • the payments arise from ill-health

or

  • the compensation can properly be regarded as a benefit earned by past service, that is, where it is really part of the individual's retirement benefits

Note that:

  • a lump sum from an approved retirement benefits scheme is exempt from Schedule E generally (Section 189 ICTA 1988)
  • if you are in doubt about the status of a particular scheme, IR SPSS (Nottingham) can advise.
  • a lump sum paid out of an unapproved retirement benefit scheme should be considered under the rules in SE15000 and subsequent instructions, in particular SE15100
  • this instruction applies only to lump sums. Pensions remain taxable under Schedule E (see SE74001)