Income Tax (Trading and Other Income) Bill

House of Commons

Session 2004 - 05
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Income Tax (Trading and Other Income) Bill

Income Tax (Trading and Other Income) Bill
Part 6 — Exempt income
Chapter 8 — Other annual payments
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(a)
an order of the court, so far as it is made in reliance on section 2 of the
Damages Act 1996 (c. 48) (periodical payments) (including an order as
varied),
(b)
an order of a court outside the United Kingdom which is similar to an
order made in reliance on that section (including an order as varied),
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(c)
an agreement, so far as it settles a claim or action for damages in respect
of personal injury (including an agreement as varied),
(d)
an agreement, so far as it relates to making payments on account of
damages that may be awarded in such a claim or action (including an
agreement as varied), or
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(e)
a Motor Insurers’ Bureau undertaking in relation to a claim or action in
respect of personal injury (including an undertaking as varied).
(3)
This subsection applies to annuity payments made under an annuity
purchased or provided—
(a)
by the person by whom payments to which subsection (2) applies
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would otherwise fall to be made, and
(b)
in accordance with such an order, agreement or undertaking as is
mentioned in subsection (2) or a varying order, agreement or
undertaking.
(4)
In this section “damages in respect of personal injury” includes damages in
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respect of a person’s death from personal injury.
(5)
In this section “personal injury” includes disease and impairment of physical
or mental condition.
(6)
In this section “a Motor Insurers’ Bureau undertaking” means an undertaking
given by —
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(a)
the Motor Insurers’ Bureau (being the company of that name
incorporated on 14th June 1946 under the Companies Act 1929 (c. 23)),
or
(b)
an Article 75 insurer under the Bureau’s Articles of Association.
732
Compensation awards
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(1)
No liability to income tax arises for the persons specified in section 733 in
respect of annuity payments if they are made under an annuity purchased or
provided under an award of compensation made under the Criminal Injuries
Compensation Scheme.
(2)
The Treasury may by order provide for sections 731, 733 and 734 to apply, with
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such modifications as they consider necessary, to periodical payments by way
of compensation for personal injury for which provision is made under a
scheme or arrangement other than the Criminal Injuries Compensation
Scheme.
(3)
In this section—
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“the Criminal Injuries Compensation Scheme” means—
(a)
the schemes established by arrangements made under the
Criminal Injuries Compensation Act 1995 (c. 53),
(b)
arrangements made by the Secretary of State for compensation
for criminal injuries in operation before the commencement of
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those schemes, or

Income Tax (Trading and Other Income) Bill
Part 6 — Exempt income
Chapter 8 — Other annual payments
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(c)
the scheme established under the Criminal Injuries (Northern
Ireland) Order 2002 (S.I. 2002/796) (N.I.1), and
“personal injury” includes disease and impairment of physical or mental
condition.
733
Persons entitled to exemptions for personal injury payments etc.
5
The persons entitled to the exemptions given by sections 731(1) and 732(1) for
payments are—
(a)
the person entitled to the damages under the order, agreement,
undertaking or to the compensation under the award in question (“A”),
(b)
a person who receives the payment in question on behalf of A, and
10
(c)
a trustee who receives the payment in question on trust for the benefit
of A under a trust under which A is, while alive, the only person who
may benefit.
734
Payments from trusts for injured persons
(1)
No liability to income tax arises for the persons specified in subsection (2) in
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respect of sums paid under a lifetime trust—
(a)
to the person (“A”) who is entitled to—
(i)
a payment under an order, agreement or undertaking within
section 731(2) or an annuity purchased or provided as
mentioned in section 731(3), or
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(ii)
compensation under an award within section 732(1), or
(b)
for the benefit of A.
(2)
The persons are—
(a)
A, and
(b)
if subsection (1)(b) applies, a person who receives the sum on behalf of
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A.
(3)
For the purposes of subsection (1), sums are paid under a lifetime trust if they
are paid—
(a)
by the trustees of a trust under which A is, while alive, the only person
who may benefit, and
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(b)
out of payments within section 731(2) or (3) or 732(1) which are
received by them on trust for A.
Health and employment insurance payments
735
Health and employment insurance payments
(1)
No liability to income tax arises under this Act in respect of an annual payment
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under an insurance policy if—
(a)
the payment is a benefit provided under so much of the policy as
insures against a health or employment risk (see section 736),
(b)
no part of any premiums under the policy has been deductible in
calculating the income of the insured for income tax purposes, and
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(c)
the conditions in sections 737 and 738 and, so far as applicable, those in
sections 739 and 740 are met in relation to the policy.
(2)
Subsection (1)(b) is subject to section 743.

Income Tax (Trading and Other Income) Bill
Part 6 — Exempt income
Chapter 8 — Other annual payments
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(3)
For the meaning of “the insured”, see sections 742 and 743(2).
736
Health and employment risks and benefits
(1)
For the purposes of sections 735 and 737 to 743, a policy insures against a health
risk if it insures against the insured becoming, or becoming in any specified
way, subject—
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(a)
to any physical or mental illness, disability, infirmity or defect, or
(b)
to any deterioration in a condition resulting from any such illness,
disability, infirmity or defect.
(2)
For the purposes of sections 735 and 737 to 743, a policy insures against an
employment risk if it insures against circumstances arising as a result of which
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the insured ceases—
(a)
to be employed or hold office, or
(b)
to carry on any trade, profession or vocation.
(3)
For the purposes of section 735, this section and sections 737 to 743, references
to insurance against a risk include insurance providing for benefits payable
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otherwise than by way of indemnity if the circumstances insured against occur.
737
Period for which payments may be made
(1)
The condition in this section is that the only annual payments provided for by
the policy which relate to the health or employment risk it insures against (“the
insured risk”) are payments in respect of one or more of the following periods.
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(2)
They are—
(a)
a period throughout which an illness, disability, infirmity or defect
insured against by the part of the policy relating to the insured risk
continues,
(b)
a period throughout which, in circumstances insured against by the
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part of the policy relating to the insured risk, the insured is
unemployed, does not hold an office or is not carrying on a trade,
profession or vocation,
(c)
a period throughout which, in circumstances insured against by the
part of the policy relating to the insured risk, the insured’s income is
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less than it would otherwise have been, and
(d)
where a period within paragraph (a), (b) or (c) ends with the death of
the insured, a period immediately following that period.
(3)
For the purposes of subsection (2)(a), an illness, disability, infirmity or defect is
treated as continuing during a period of convalescence or rehabilitation related
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to it.
(4)
For the purposes of subsection (2)(c), income from the policy is ignored.
738
Risk of significant loss
(1)
The condition in this section is that throughout the period that the policy has
contained provisions relating to the health or employment risk those
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provisions have been such that any policy of insurance which only contained
those provisions would involve the possibility that the insurer would make a
significant loss on the premiums.

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Chapter 8 — Other annual payments
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(2)
In determining whether a policy would involve that possibility, any return on
the investment of the premiums is to be taken into account.
(3)
For this purpose reinsurance is ignored.
739
Conditions to be met by policies also providing other benefits
(1)
The conditions in this section only apply if the policy provides for the payment
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of benefits which do not all relate to the health or employment risk.
(2)
The conditions are that so far as the policy’s terms relate to the health or
employment risk—
(a)
they do not differ significantly from what they would have been if the
only benefits had been those relating to that risk, and
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(b)
the way in which they are given effect does not differ significantly from
the way in which they would have been given effect in that case.
(3)
A difference relating only to the reduction of benefits payable to or in respect
of a person because of other benefits being payable to or in respect of the
person is to be ignored.
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(4)
For the purposes of this section, all the persons for whose benefit the policy
provides insurance against the health or employment risk are to be considered.
740
Conditions to be met where policies are linked
(1)
The conditions in this section only apply if—
(a)
the insured is or has been the insured under one or more other policies
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(“connected policies”), and
(b)
each of the connected policies has been in force either—
(i)
at a time when the policy in question was in force, or
(ii)
at the time immediately before it was entered into.
(2)
The conditions are that so far as the terms of the policy relate to the health or
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employment risk—
(a)
they do not differ significantly from what they would have been if no
connected policies had been entered into, and
(b)
the way in which they are given effect does not differ significantly from
the way in which they would have been given effect in that case.
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(3)
A difference relating only to the reduction of benefits payable to or in respect
of a person under the policy because of benefits being payable to or in respect
of the person under any of the connected policies is to be ignored.
(4)
For the purposes of this section, all the persons for whose benefit the policy
provides insurance against the health or employment risk are to be considered.
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741
Aggregation of policies where employment ends for health reasons
(1)
This section applies if—
(a)
payments are made to or in respect of a person who has left
employment because of the occurrence of something insured against by
an employment policy as a health risk,
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Income Tax (Trading and Other Income) Bill
Part 6 — Exempt income
Chapter 8 — Other annual payments
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(b)
the payments are made under another policy (“the replacement
policy”) which was entered into under, or in accordance with,
provisions contained in the employment policy,
(c)
the employment policy has ceased to apply to the person, and
(d)
the rights in accordance with which the payments are made under the
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replacement policy superseded rights under the employment policy
with effect from the time when that policy ceased to apply to the
person.
(2)
The employment policy and the replacement policy are to be treated as a single
policy for the purposes of sections 735 to 738, this section and section 743.
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(3)
In this section—
“employment” includes an office, and “employees” and “employer” are to
be read accordingly, and
“employment policy” means a policy entered into wholly or partly for the
benefit of the employees of an employer against a health risk.
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742
Meaning of “the insured”
In sections 735 to 737 “the insured” includes—
(a)
the insured’s spouse,
(b)
any child under 21 of the insured or the insured’s spouse, and
(c)
any person on whom any liabilities arising from an actual or proposed
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transaction identified in the policy will fall jointly with the insured or
the insured’s spouse.
743
Policies for the benefit of others who contribute to premiums
(1)
This section applies if—
(a)
a policy of insurance is taken out by one person (“A”) wholly or partly
25
for the benefit of another (“B”),
(b)
B makes payments or contributions in respect of the premiums, and
(c)
annual payments under the policy are wholly or partly attributable, on
a just and reasonable basis, to the payments or contributions made by B.
(2)
So far as those benefits are so attributable, B is to be treated as the insured in
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relation to that policy for the purposes of sections 735 to 742.
(3)
So far as those benefits are so attributable, payments or contributions not made
by B are ignored for the purposes of section 735(1)(b) (no part of the premiums
to have been deductible in calculating the insured’s income).
Payments to adopters
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744
Payments to adopters: England and Wales
No liability to income tax arises in respect of the following payments—
(a)
any payment or reward falling within section 57(3) of the Adoption Act
1976 (c. 36) (payments authorised by the court) which is made to a
person who has adopted or intends to adopt a child,
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(b)
payments under section 57(3A)(a) of that Act (payments by adoption
agencies of legal or medical expenses of persons seeking to adopt),

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Chapter 8 — Other annual payments
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(c)
payments of allowances under regulations under section 57A of that
Act (permitted allowances to persons who have adopted or intend to
adopt children),
(d)
payments of financial support made in the course of providing
adoption support services within the meaning of the Adoption and
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Children Act 2002 (c. 38) (see section 2(6) and (7) of that Act), and
(e)
payments made under regulations under paragraph 3(1) of Schedule 4
to that Act (transitional and transitory provisions: adoption support
services).
745
Payments to adopters: Scotland
10
No liability to income tax arises in respect of the following payments—
(a)
any payment or reward falling within section 51(3) of the Adoption
(Scotland) Act 1978 (c. 28) (payments authorised by the court) which is
made to a person who has adopted or intends to adopt a child,
(b)
payments under section 51(4)(a) of that Act (payments by adoption
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agencies of legal or medical expenses of persons seeking to adopt),
(c)
payments of allowances by virtue of section 51B of that Act (transitional
provisions) in accordance with a scheme approved under section 51(5)
of that Act (schemes for payment of allowances to persons who have
adopted or intend to adopt a child), and
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(d)
payments of allowances in accordance with an adoption allowances
scheme under section 51A of that Act.
746
Payments to adopters: Northern Ireland
No liability to income tax arises in respect of the following payments—
(a)
any payment or reward falling within Article 59(2)(b) of the Adoption
25
(Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) (payments
authorised by the court) which is made to a person who has adopted or
intends to adopt a child,
(b)
any payment under Article 59(2)(c) of that Order (payments by
registered adoption societies) which is made to a person who has
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adopted or intends to adopt a child, and
(c)
payments of allowances under regulations under Article 59A of that
Order (permitted allowances to persons who have adopted or intend to
adopt children).
747
Power to amend sections 744 to 746
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The Treasury may by order amend section 744, 745 or 746 for the purposes of—
(a)
adding a description of payment, or
(b)
removing a description of payment if the power to make a payment of
that description has been repealed or revoked or has otherwise ceased
to be exercisable.
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