Court of Appeal rules that a one-off payment paid in recognition of changes to a pension scheme is subject to income tax and NICs (Revenue and Customs Commissioners v E.On UK plc)

The Court of Appeal allowed HMRC’s appeal against a decision of the Upper Tribunal (UT) that a ‘facilitation payment’ made as part of a package of incentives offered by the respondent to its employees who were members of its defined benefit pension scheme in recognition of proposed changes to the scheme was not ‘from an employment’, and accordingly chargeable to income tax under section 9(2) of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), and liable to national insurance contributions (NICs) under section 3(1) Social Security and Benefits Act 1992 (SSBA 1992).

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