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Posted Tue, 30 Apr 2024 09:44:37 GMT by kevinh
I have been working abroad, and have been non-resident for tax purposes, since FY 2021-2022. I have an investment fund (called a pension fund, but there are no pension arrangements - I can simply capitalize the fund when I terminate my employment). Taxes on any profits have been paid. Under current rules, would this fund be considered clean when remitting to a UK bank account? Thank you
Posted Wed, 01 May 2024 14:47:53 GMT by HMRC Admin 5
Hi 

Provided HMRC do not recognise the fund as a pension, it will be treated similarly to a bank account and taxable as income.  
Where the foreign income arises in tax years that you are not resident in the UK, it will not be taxable in the UK.  The contents of the account in those years, would be considered capital and not taxable if brought to the UK.  
If you are resident in the UK, when the income arises, then yes it will be taxable, most likely as interest.

Thank you
Posted Thu, 02 May 2024 04:14:23 GMT by kevinh
Thank you very much. Follow up question - what criteria does HMRC use to decide whether it is a pension or not? Thanks
Posted Fri, 10 May 2024 09:23:20 GMT by HMRC Admin 25
Hi kevinh,
Life insurance / assurance policies, qualifying or not, are not considered pensions by HMRC.
Please have a look here for guidance on the meaning of life insurance and life assurance.
IPTM1100 - Fundamental concepts: what is insurance?
And for pensions
Definition of a pension scheme 
They are quite separate.
Thank you. 

 

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