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Q2. Pension scheme income

INCOME TAX: SCHEME

- Exemption for income from investments or deposits

Exemption

- No liability to income tax arises on income derived from investments or deposits held for the purposes of a registered pension scheme" (s.186).

Investments (meaning)

- Includes futures contracts and options contracts (s.186(3)).

- Including cash settled futures/options (s.186(4)).

Exclusion for income derived from property investment LLP

- The exemption does not apply to income derived from investments or deposits held as a member of a property investment LLP.

- Income includes relevant stock lending fees.

Reclaiming income tax deducted at source

- Trustees should claim it back from HMRC (PTM024400).

Legislation: FA 2004, s.186

Cases: 

HMRC manuals: 

PTM024400 - General principles: overview of pensions taxation: investments

Commentary: 

See also:

INCOME TAX: MEMBER

- Profits from taxable property: deemed scheme chargeable payment

Deemed scheme chargeable payment

- If: an investment-regulated pension scheme holds an interest in taxable property in a tax year;

- Then: the scheme is treated as making a scheme chargeable payment.

Quantum

- The quantum is based on the annual profit from the interest in the property.

Legislation: FA 2004, s.185A

Cases: 

HMRC manuals: 

Commentary: 

See also:

 © 2025 by Michael Firth, Gray's Inn Tax Chambers

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