Law

Finance Act 2004

United Kingdom · statute

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In force since 2026-07-14, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 522 provisions
  1. Title and introductory text
  2. 1 Rates of tobacco products duty
  3. 2 Rate of duty on beer
  4. 3 Rates of duty on wine and made-wine
  5. 4 Duty stamps for spirits etc
  6. 5 Rates
  7. 6 Road fuel gas
  8. 7 Sulphur-free fuel
  9. 8 Definition of “fuel oil”
  10. 9 Mixing of rebated oil
  11. 10 Bioethanol
  12. 11 Biodiesel
  13. 12 Fuel substitutes
  14. 13 Warehousing
  15. 14 Treatment of certain energy products
  16. 15 General betting duty: pool betting
  17. 16 Rates of gaming duty
  18. 17 Amusement machine licence duty: rates
  19. 18 Fee for payment of duty by credit card
  20. 19 Disclosure of VAT avoidance schemes
  21. 20 Groups
  22. 21 Reverse charge on gas and electricity supplied by persons outside UK
  23. 22 Use of stock in trade cars for consideration less than market value
  24. 23 Charge and rates for 2004-05
  25. 24 Personal allowances for those aged 65 or more
  26. 25 Charge and main rate for financial year 2005
  27. 26 Small companies' rate and fraction for financial year 2004
  28. 27 Corporation tax starting rate and fraction for financial year 2004
  29. 28 The non-corporate distribution rate
  30. 29 Special rates of tax applicable to trusts
  31. 33 Provision not at arm’s length: temporary relaxation of liability to penalty
  32. 34 Payments of excessive interest etc
  33. 35 Elimination of double counting etc
  34. 36 Balancing payments and elections to pay tax instead
  35. 37 Commencement and transitional provisions
  36. 38 Expenses of management: companies with investment business
  37. 39 Accounting period to which expenses of management are referable
  38. 40 Expenses of insurance companies
  39. 41 Related amendments to other enactments
  40. 42 Commencement of sections 38 to 41
  41. 43 Companies with investment business: transitional provisions
  42. 44 Insurance companies: transitional provisions
  43. 45 Amounts reversing expenses of management deducted: charge to tax
  44. 46 Power to make consequential amendments
  45. 47 Insurance companies etc.
  46. 48 Loan relationships: miscellaneous amendments
  47. 49 Derivative contracts: miscellaneous amendments
  48. 50 Generally accepted accounting practice
  49. 51 Use of different accounting practices within a group of companies
  50. 52 Amendment of enactments that operate by reference to accounting practice
  51. 53 Treatment of expenditure on research and development
  52. 54 Trading profits etc. from securities: taxation of amounts taken to reserves
  53. 55 Duty of company to give notice of coming within charge to corporation tax
  54. 55A Section 55: exception to duty to give notice
  55. 56 Relief for community amateur sports clubs
  56. 57 Introduction
  57. 58 Sub-contractors
  58. 59 Contractors
  59. 60 Contract payments
  60. 61 Deductions on account of tax from contract payments
  61. 62 Treatment of sums deducted
  62. 62A Payments made in the knowledge of deliberate failures to comply
  63. 62B Returns made in the knowledge of deliberate failures to comply
  64. 62C Regulations
  65. 63 Registration for gross payment or for payment under deduction
  66. 64 Requirements for registration for gross payment
  67. 65 Change in control of company registered for gross payment
  68. 66 Cancellation of registration for gross payment
  69. 67 Registration for gross payment: appeals
  70. 68 Registration for payment under deduction: cancellation and appeals
  71. 69 Verification etc of registration status of sub-contractors
  72. 70 Periodic returns by contractors etc
  73. 70A Security for payments to HMRC
  74. 71 Collection and recovery of sums to be deducted
  75. 72 Penalties: false statements and documentation
  76. 72A Penalties: deliberate failures to comply
  77. 72B Penalties under section 72A: officers’ liability
  78. 72C Appeals in relation to a decision notice under section 72B
  79. 73 Regulations under this Chapter: supplementary
  80. 73A Designated international organisations: exemption from section 59
  81. 74 Meaning of “construction operations”
  82. 75 Meaning of “the Inland Revenue” etc and delegation of Board’s functions
  83. 76 Consequential amendments
  84. 77 Commencement and transitional provision
  85. 78 Childcare and childcare vouchers
  86. 79 Exemption for loaned computer equipment
  87. 80 Vans
  88. 81 Emergency vehicles
  89. 82 European travel expenses of MPs and other representatives
  90. 83 Giving through the self-assessment return
  91. 84 Charge to income tax by reference to enjoyment of property previously owned
  92. 85 Relief where national insurance contributions met by employee
  93. 86 Shares in employee-controlled companies and unconnected companies
  94. 87 Restricted securities with artificially depressed value
  95. 88 Shares under approved plans and schemes
  96. 89 Shares acquired on public offer
  97. 90 Associated persons etc.
  98. 91 Income of spouses: jointly held property
  99. 92 Minor amendments of or connected with ITEPA 2003
  100. 93 Enterprise investment scheme
  101. 94 Venture capital trusts
  102. 95 Corporate venturing scheme
  103. 96 Enterprise management incentives: subsidiaries
  104. 97 Introductory
  105. 98 Exemption from income tax for certain interest and royalty payments
  106. 99 Permanent establishments and “25% associates”
  107. 100 Interest payments: exemption notices
  108. 101 Payment of royalties without deduction at source
  109. 102 Claim for tax deducted at source from exempt interest or royalty payments
  110. 103 Special relationships
  111. 104 Anti-avoidance
  112. 105 Consequential amendments
  113. 106 Transitional provision
  114. 112 Computation of income etc subject to foreign tax and special withholding tax
  115. 113 Issue of certificate
  116. 114 Refusal to issue certificate and appeal against refusal
  117. 115 Supplementary
  118. 116 Restriction of gifts relief etc
  119. 117 Private residence relief
  120. 118 Authorised unit trusts: treatment of umbrella schemes
  121. 124 Restriction of relief: non-active partners
  122. 125 Partnerships exploiting films
  123. 134 Finance leasebacks
  124. 135 Rent factoring of leases of plant or machinery
  125. 136 Manufactured dividends
  126. 137 Manufactured payments under arrangements having an unallowable purpose
  127. 138 Gilt strips
  128. 139 Gifts of shares, securities and real property to charities etc
  129. 140 Life policies etc.: restriction of corresponding deficiency relief
  130. 141 Relief for research and development: software and consumable items
  131. 142 Temporary increase in amount of first-year allowances for small enterprises
  132. 143 Deduction for expenditure by landlords on energy-saving items
  133. 144 Lloyd’s names: conversion to limited liability underwriting
  134. 145 Offshore funds
  135. 146 Meaning of “offshore installation”
  136. 147 Immediate needs annuities
  137. 148 Corporation tax: health service bodies
  138. 149 Overview of Part 4
  139. 150 Meaning of “pension scheme”
  140. 151 Meaning of “member”
  141. 152 Meaning of “arrangement”
  142. 153 Registration of pension schemes
  143. 153A Power to require information or documents in relation to applications for registration
  144. 153B Power to inspect documents in relation to applications for registration
  145. 153C Penalties for failure to comply with information notices etc
  146. 153D Penalties for inaccurate information in applications
  147. 153E Penalties for inaccurate information or documents provided under information notice
  148. 153F Penalties for false declarations
  149. 154 Persons by whom registered pension scheme may be established
  150. 155 Persons by whom scheme may be established: supplementary
  151. 156 Appeal against decision not to register
  152. 156A Cases where application for registration not decided within 6 months
  153. 157 De-registration
  154. 158 Grounds for de-registration
  155. 159 Appeal against decision to de-register
  156. 159A Power to require information or documents for purpose of considering if scheme administrator is fit and proper
  157. 159B Power to inspect documents for purpose of considering if scheme administrator is fit and proper
  158. 159C Penalties for failure to comply with information notices etc
  159. 159D Penalties for inaccurate information or documents provided under information notice
  160. 160 Payments by registered pension schemes
  161. 161 Meaning of “payment” etc
  162. 162 Meaning of “loan”
  163. 163 Meaning of “borrowing” etc
  164. 164 Authorised member payments
  165. 165 Pension rules
  166. 166 Lump sum rule
  167. 167 Pension death benefit rules
  168. 168 Lump sum death benefit rule
  169. 169 Recognised transfers
  170. 170 Appeal against decision to exclude recognised overseas pension scheme
  171. 171 Scheme administration member payments
  172. 172 Assignment
  173. 172A Surrender
  174. 172B Increase in rights of connected person on death
  175. 172BA Increase in rights on death arising from alternatively secured pension fund etc
  176. 172C Allocation of unallocated employer contributions
  177. 172D Limit on increase in benefits
  178. 173 Benefits
  179. 174 Value shifting
  180. 174A Taxable property held by investment-regulated pension schemes
  181. 175 Authorised employer payments
  182. 176 Public service scheme payment
  183. 177 Authorised surplus payment
  184. 178 Compensation payments
  185. 179 Authorised employer loan
  186. 180 Scheme administration employer payments
  187. 181 Value shifting
  188. 181A Minimum level of payment
  189. 182 Unauthorised borrowing: money purchase arrangements other than collective money purchase arrangements
  190. 183 Effect of unauthorised borrowing: money purchase arrangements other than collective money purchase arrangements
  191. 184 Unauthorised borrowing: other arrangements
  192. 185 Effect of unauthorised borrowing: other arrangements
  193. 185A Income from taxable property
  194. 185B Annual profits and deemed profits
  195. 185C Deemed market value
  196. 185D Apportionment to pension scheme
  197. 185E Credit for tax paid
  198. 185F Gains from taxable property
  199. 185G Disposal by person holding directly
  200. 185H Disposal of interest in vehicle
  201. 185I Credit for tax paid
  202. 185J Effect of repayment of certain pre-6 April 2015 lump sums
  203. 186 Income
  204. 187 Chargeable gains
  205. 188 Relief for contributions
  206. 189 Relevant UK individual
  207. 190 Annual limit for relief
  208. 191 Methods of giving relief
  209. 192 Relief at source
  210. 192A Relief at source: additional relief
  211. 192B Relief at source: excessive relief given
  212. 193 Relief under net pay arrangements
  213. 193A Net pay arrangements: disparity with relief at source
  214. 194 Relief on making of claim
  215. 195 Transfer of certain shares to be treated as payment of contribution
  216. 195A Life assurance premium contributions
  217. 196 Relief for employers in respect of contributions paid
  218. 196A Power to restrict relief
  219. 196B Employer asset-backed contributions: denial of relief (1)
  220. 196C Employer asset-backed contributions: “acceptable structured finance arrangement” (1)
  221. 196D Employer asset-backed contributions: denial of relief (2)
  222. 196E Employer asset-backed contributions: “acceptable structured finance arrangement” (2)
  223. 196F Employer asset-backed contributions: denial of relief (3)
  224. 196G Employer asset-backed contributions: “acceptable structured finance arrangement” (3)
  225. 196H Employer asset-backed contributions: “relevant change in relation to the partnership” and “person involved in the relevant change”
  226. 196I Employer asset-backed contributions: change in lender's original position under acceptable structured finance arrangement etc
  227. 196J Employer asset-backed contributions: further events which cause section 196I to apply
  228. 196K Employer asset-backed contributions: “advances” under acceptable structured finance arrangements
  229. 196L Employer asset-backed contributions: supplementary
  230. 197 Spreading of relief
  231. 198 Spreading of relief: cessation of business
  232. 199 Deemed contributions
  233. 199A Indirect contributions
  234. 200 No other relief for employers in connection with contributions
  235. 201 Relief for employees
  236. 202 Minimum contributions under pensions legislation
  237. 203 Inheritance tax exemptions
  238. 204 Authorised pensions and lump sums
  239. 205 Short service refund lump sum charge
  240. 205A Serious ill-health lump sum charge
  241. 206 Special lump sum death benefits charge
  242. 206A Partial repayment of section 206 charge where IHT paid by recipient of benefit
  243. 206B Supplementary charge on refund of overpaid IHT
  244. 207 Authorised surplus payments charge
  245. 208 Unauthorised payments charge
  246. 209 Unauthorised payments surcharge
  247. 210 Surchargeable unauthorised member payments
  248. 211 Valuation of crystallised rights for purposes of section 210
  249. 212 Valuation of uncrystallised rights for purposes of section 210
  250. 213 Surchargeable unauthorised employer payments
  251. 213A High income excess relief charge
  252. 213B High income
  253. 213C Gross income
  254. 213D Relevant income
  255. 213E The appropriate rate
  256. 213F Total pension savings amount
  257. 213G Money purchase arrangements other than cash balance arrangements
  258. 213H Cash balance arrangements
  259. 213I Adjustment of closing rights
  260. 213J Defined benefits arrangements
  261. 213K Adjustment of closing pension and lump sum
  262. 213L Age-related factors
  263. 213M Uprating of opening rights, pension and lump sum
  264. 213N Hybrid arrangements
  265. 213O Anti-avoidance
  266. 213P Power to make regulations about charge
  267. 214 Lifetime allowance charge
  268. 215 Amount of charge
  269. 216 Benefit crystallisation events and amounts crystallised
  270. 217 Persons liable to charge
  271. 218 Individual’s lifetime allowance and standard lifetime allowance
  272. 219 Availability of individual’s lifetime allowance
  273. 220 Pension credits from previously crystallised rights
  274. 221 Non-residence: general
  275. 222 Non-residence: money purchase arrangements
  276. 223 Non-residence: other arrangements
  277. 224 Transfers from recognised overseas pension scheme: general
  278. 225 Overseas scheme transfers: money purchase arrangements
  279. 226 Overseas scheme transfers: other arrangements
  280. 227 Annual allowance charge
  281. 227ZA The chargeable amount
  282. 227A Individuals who meet flexible drawdown conditions
  283. 227B The alternative chargeable amount
  284. 227C Meaning of “money-purchase input sub-total”
  285. 227D Pension input amounts in respect of certain hybrid arrangements
  286. 227E Pension input periods ending before rights are first flexibly accessed
  287. 227F Pension input periods in which rights are first flexibly accessed
  288. 227G When pension rights are first flexibly accessed
  289. 228 Annual allowance
  290. 228ZA Tapered reduction of annual allowance: high-income individual
  291. 228ZB Anti-avoidance in connection with section 228ZA
  292. 228A Carry forward of unused annual allowance
  293. 228B Carry forward: certain periods treated as pension input periods
  294. 228C Annual allowance for, and carry-forward from, 2015-16
  295. 229 Total pension input amount
  296. 230 Cash balance arrangements
  297. 231 Cash balance arrangements: uprating of opening value
  298. 232 Cash balance arrangements: adjustments of closing value
  299. 233 Other money purchase arrangements
  300. 234 Defined benefits arrangements
  301. 235 Defined benefits arrangements: uprating of opening value
  302. 236 Defined benefits arrangements: adjustments of closing value
  303. 236ZA Defined benefits arrangements: public service pension schemes
  304. 236A Post-entitlement enhancements
  305. 237 Hybrid arrangements
  306. 237ZA Pension input amounts for input periods ending in 2015-16
  307. 237A Liability of individual
  308. 237B Liability of scheme administrator
  309. 237BA Time limit for notices under section 237B
  310. 237C Exceptions
  311. 237D Discharge of scheme administrator's liability
  312. 237E Consequential benefit adjustments to be reasonable etc
  313. 237F Power to modify rules
  314. 238 Pension input period : arrangement commencing before 9 July 2015
  315. 238ZA Pension input periods from 9 July 2015 for existing arrangement
  316. 238ZB Pension input periods for arrangement commencing after 8 July 2015
  317. 238A Power to make orders about charge
  318. 239 Scheme sanction charge
  319. 240 Amount of charge
  320. 241 Scheme chargeable payment
  321. 242 De-registration charge
  322. 242A Meaning of “non-UK registered scheme”
  323. 242B Meaning of “UK-relieved funds”
  324. 242C Application of this Part to non-UK registered schemes
  325. 242D Non-UK registered schemes: annual allowance charge
  326. 242E Investment-regulated non-UK registered schemes
  327. 243 Overseas pension schemes: migrant member relief
  328. 244 Non-UK schemes: application of certain charges
  329. 244A Overseas transfer charge
  330. 244AA Overseas transfer charge: introduction
  331. 244AB Overseas transfer charge: interpretation
  332. 244AC Overseas transfer charge: transfers where no exclusion applies
  333. 244B Exclusion: member and receiving scheme in same country
  334. 244C Exclusion: receiving scheme in EEA state or Gibraltar, and member resident in UK or EEA state
  335. 244D Exclusion: receiving scheme is an occupational pension scheme
  336. 244E Exclusion: receiving scheme set up by international organisation
  337. 244F Exclusion: receiving scheme is an overseas public service scheme
  338. 244G Exclusions: avoidance of double charge, and transitional protections
  339. 244H Power to provide for further exclusions
  340. 244I Circumstances in which exclusions do not apply
  341. 244IA Overseas transfer charge: transfers exceeding available allowance
  342. 244IB Member’s overseas transfer allowance
  343. 244IC Availability of member’s overseas transfer allowance
  344. 244ID Information to be provided by relieved relevant non-UK scheme on block transfer
  345. 244J Persons liable to charge
  346. 244JA Amount of charge
  347. 244K Meaning of “transferred value”
  348. 244L Accounting for overseas transfer charge by scheme managers
  349. 244M Repayments of charge on subsequent excluding events
  350. 244N Discharge of liability of scheme administrator or manager
  351. 245 Restriction of deduction for contributions by employer
  352. 246 Restriction of deduction for non-contributory provision
  353. 246A Case where no relief for provision by an employer
  354. 247 Abolition of income tax charge in respect of employer payments
  355. 248 Employer’s cost of insuring against non-payment of benefit
  356. 249 Taxation of non-pension benefits
  357. 250 Registered pension scheme return
  358. 251 Information: general requirements
  359. 252 Notices requiring documents or particulars
  360. 253 Appeal against notices
  361. 254 Accounting for tax by scheme administrators
  362. 255 Assessments under this Part
  363. 255A Electronic payment
  364. 255B Payments to be cleared payments
  365. 256 Enhanced ... allowance regulations
  366. 257 Registered pension scheme return
  367. 258 Information required by regulations
  368. 259 Documents and particulars required by notice
  369. 260 Accounting return
  370. 261 Enhanced ... allowance regulations: documents and information
  371. 262 Enhanced ... allowance regulations: failures to comply
  372. 263 ... Enhanced protection: benefit accrual
  373. 264 False statements etc
  374. 265 Winding-up to facilitate payment of lump sums
  375. 266 Transfers to insured schemes
  376. 266A Member's liability
  377. 266B Scheme's liability
  378. 267 Lifetime allowance charge
  379. 268 Unauthorised payments surcharge and scheme sanction charge
  380. 269 Appeal against decision on discharge of liability
  381. 270 Meaning of “scheme administrator”
  382. 271 Liability of scheme administrator
  383. 272 Trustees etc. liable as scheme administrator
  384. 272A Liabilities of independent trustee
  385. 272B Liabilities of scheme administrator appointed by independent trustee etc
  386. 272C Former scheme administrator etc to retain liability
  387. 273 Members liable as scheme administrator
  388. 273ZA Income and gains from taxable property
  389. 273A Insurance company liable as scheme administrator
  390. 273B Power of trustees or managers to make certain payments
  391. 274 Supplementary
  392. 274ZZA Master Trust schemes
  393. 274ZZB Collective money purchase schemes
  394. 274ZZC Power to make provision about collective money purchase schemes
  395. 274ZA Schemes treated as occupational pension schemes
  396. 274ZB Treatment of pension benefits reclaimed from reclaim fund etc
  397. 274A Power to split schemes
  398. 275 Insurance company
  399. 276 Relevant valuation factor
  400. 277 Valuation assumptions
  401. 278 Market value
  402. 278A Disqualifying pension credits
  403. 278B Annuities and scheme pensions: meaning of “related to”
  404. 279 Other definitions
  405. 280 Abbreviations and general index
  406. 281 Minor and consequential amendments
  407. 282 Orders and regulations
  408. 283 Transitionals and savings
  409. 284 Commencement
  410. 285 Certain receipts not to be tariff receipts
  411. 286 Petroleum extraction activities: exploration expenditure supplement
  412. 287 Restrictions on expenditure allowable
  413. 288 Terminal losses
  414. 289 Supplies to producers of commodities
  415. 290 Transitional tax credit in Northern Ireland: changes to existing scheme
  416. 291 Transitional tax credit in Northern Ireland: new scheme
  417. 292 Lorry road-user charge
  418. 293 Delivery of accounts etc
  419. 294 Grant of probate
  420. 295 Amendments to penalty regime
  421. 296 Miscellaneous amendments
  422. 297 Leases
  423. 298 Notification, registration and penalties
  424. 299 Claims not included in returns
  425. 300 Assents and appropriations by personal representatives
  426. 301 Chargeable consideration
  427. 302 Charities relief
  428. 303 Shared ownership leases
  429. 304 Application to certain partnership transactions
  430. 305 Liability of partners
  431. 305A Introduction
  432. 306 Meaning of “notifiable arrangements” and “notifiable proposal”
  433. 306A Doubt as to notifiability
  434. 307 Meaning of “promoter”
  435. 308 Duties of promoter
  436. 308A Supplemental information
  437. 309 Duty of person dealing with promoter outside United Kingdom
  438. 310 Duty of parties to notifiable arrangements not involving promoter
  439. 310A Duty to provide further information requested by HMRC
  440. 310B Failure to provide information under section 310A: application to the Tribunal
  441. 310C Duty of promoters to provide updated information
  442. 310D Notice of potential allocation of reference number: arrangements and proposals suspected of being notifiable
  443. 311 Allocation of reference number to arrangements
  444. 311A Duty of HMRC to notify persons of reference number
  445. 311B Right of appeal: section 311(3) case
  446. 311C Duty to provide further information requested by HMRC: section 311(3) case
  447. 312 Duty of promoter to notify client of number : section 311(2) case
  448. 312ZA Duty to notify client of reference number: section 311(3) case
  449. 312A Duty of client to notify parties of number
  450. 312B Duty of client to provide information ...
  451. 313 Duty of parties to notify HMRC of reference number etc
  452. 313ZA Duty to provide details of clients
  453. 313ZB Enquiry following disclosure of client details
  454. 313ZC Duty of employer to notify HMRC of details of employees etc
  455. 313A Pre-disclosure enquiry
  456. 313B Reasons for non-disclosure: supporting information
  457. 313C Provision of information to HMRC by introducers
  458. 314 Legal professional privilege
  459. 314A Order to disclose
  460. 315 Penalties
  461. 315A Further penalties
  462. 315B Determination of penalties
  463. 315C Failure to comply with time limit
  464. 315D Other exemptions from liability to a penalty
  465. 315E Regulations to vary amounts
  466. 316 Information to be provided in form and manner specified by HMRC
  467. 316A Duty to provide additional information
  468. 316B Confidentiality
  469. 316C Publication by HMRC
  470. 316D Section 316C: subsequent judicial rulings
  471. 317 Regulations under Part 7
  472. 317A Special Commissioners: procedure
  473. 318 Interpretation of Part 7
  474. 319 Part 7: commencement and savings
  475. 320 Exclusion of extended limitation period in England, Wales and Northern Ireland
  476. 321 Exclusion of extended prescriptive period in Scotland
  477. 322 Mutual assistance: customs union with the Principality of Andorra
  478. 323 Ending of shipbuilders' relief
  479. 324 Government borrowing: preparations for possible adoption of Euro
  480. 325 Premium bonds
  481. 326 Repeals
  482. 327 Interpretation
  483. 328 Short title
  484. SCHEDULE 1 New Schedule 2A to the Alcoholic Liquor Duties Act 1979
  485. SCHEDULE 2 Disclosure of value added tax avoidance schemes
  486. SCHEDULE 4 Amendments relating to the rate applicable to trusts
  487. SCHEDULE 5 Provision not at arm’s length: related amendments
  488. SCHEDULE 7 Insurance companies etc
  489. SCHEDULE 10 Amendment of enactments that operate by reference to accounting practice
  490. SCHEDULE 11 Conditions for registration for gross payment
  491. SCHEDULE 12 Construction industry scheme: consequential amendments
  492. SCHEDULE 13 Childcare and childcare vouchers
  493. SCHEDULE 14 Vans
  494. SCHEDULE 15 Charge to income tax on benefits received by former owner of property
  495. SCHEDULE 16 Relief where national insurance contributions met by employee
  496. SCHEDULE 17 Minor amendments of or connected with the Income Tax (Earnings and Pensions) Act 2003
  497. SCHEDULE 18 Enterprise investment scheme
  498. SCHEDULE 19 Venture capital trusts
  499. SCHEDULE 20 Corporate venturing scheme
  500. SCHEDULE 21 Chargeable gains: restriction of gifts relief etc
  501. SCHEDULE 22 Chargeable gains: private residence relief
  502. SCHEDULE 23 Finance leasebacks: transitional provision
  503. SCHEDULE 24 Manufactured dividends
  504. SCHEDULE 25 Lloyd’s names: conversion to limited liability underwriting
  505. SCHEDULE 26 Offshore funds
  506. SCHEDULE 27 Meaning of “offshore installation”
  507. SCHEDULE 28 Registered pension schemes: authorised pensions—supplementary
  508. SCHEDULE 29 Registered pension schemes: authorised lump sums—supplementary
  509. SCHEDULE 29A Taxable property held by investment-regulated pension schemes
  510. SCHEDULE 30 Registered pension schemes: employer loans
  511. SCHEDULE 31 Taxation of benefits under registered pension schemes
  512. SCHEDULE 32 Registered pension schemes: benefit crystallisation events ...
  513. SCHEDULE 33 Overseas pension schemes: migrant member relief
  514. SCHEDULE 34 Non-UK schemes: application of certain charges and protections etc
  515. SCHEDULE 35 Pension schemes etc: minor and consequential amendments
  516. SCHEDULE 36 Pension schemes etc: transitional provisions and savings
  517. SCHEDULE 37 Oil taxation: tax-exempt tariffing receipts and assets producing them
  518. SCHEDULE 38 Schedule to be inserted as Schedule 19B to the Taxes Act 1988
  519. SCHEDULE 39 Stamp duty land tax and stamp duty
  520. SCHEDULE 40 Stamp duty land tax: claims not included in returns
  521. SCHEDULE 41 Stamp duty land tax: application to certain partnership transactions
  522. SCHEDULE 42 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

522 provisions

242 De-registration charge

(1) A charge to income tax, to be known as the de-registration charge, arises where the registration of a registered pension scheme is withdrawn. (2) The liability to the de-registration charge is a liability of the person who was, or each of the persons who were, the scheme administrator immediately before the registration was withdrawn. (3) That person, or each of those persons, is liable to the de-registration charge whether or not— (a) that person, and (b) any other person who is liable to the de-registration charge, are resident ... ... in the United Kingdom. (4) The de-registration charge is a charge at the rate of 40% in respect of the aggregate of— (a) the amount of any sums held for the purposes of the pension scheme immediately before it ceased to be a registered pension scheme, and (b) the market value at that time of any assets held for the purposes of the pension scheme. (5) The Treasury may by order amend subsection (4) so as to vary the rate of the de-registration charge. (6) An order under subsection (5) may make provision for there to be different rates in different circumstances.

Propose a change

242A Meaning of “non-UK registered scheme”

In this Chapter “non-UK registered scheme” means a registered pension scheme established in a country or territory outside the United Kingdom.

Propose a change

242B Meaning of “UK-relieved funds”

(1) For the purposes of this Chapter, the “UK-relieved funds” of a non-UK registered scheme are sums or assets held for the purposes of, or representing accrued rights under, the scheme— (a) that (directly or indirectly) represent sums or assets that at any time were held for the purposes of, or represented accrued rights under, a registered pension scheme established in the United Kingdom, (b) that (directly or indirectly) represent sums or assets that at any time formed the UK tax-relieved fund under a relevant non-UK scheme of a relieved member of that scheme, or (c) that— (i) are held for the purposes of, or represent accrued rights under, an arrangement under the scheme relating to a member of the scheme who on any day has been an accruing member of the scheme, and (ii) in accordance with regulations made by the Commissioners for Her Majesty's Revenue and Customs, are to be taken to have benefited from relief from tax. (2) In this Chapter “relevant contribution” has the meaning given by regulation 14ZB(8) of the Information Regulations. (3) Paragraphs (7) and (8) of regulation 14ZB of the Information Regulations (meaning of “accruing member”) apply for the purposes of this section as for those of that regulation. (4) “The Information Regulations” means the Registered Pension Schemes (Provision of Information) Regulations 2006 (S.I. 2006/567).

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242C Application of this Part to non-UK registered schemes

(1) This Part (so far as would not otherwise be the case) is to be read— (a) as applying in relation to UK-relieved funds of a non-UK registered scheme as it applies in relation to sums or assets held for the purposes of, or representing accrued rights under, a registered pension scheme established in the United Kingdom, (b) as applying in relation to a non-UK registered scheme, so far as the scheme relates to the scheme's UK-relieved funds, as it applies in relation to a registered pension scheme established in the United Kingdom, (c) as applying in relation to members of a non-UK registered scheme, so far as their rights under the scheme are represented by UK-relieved funds of the scheme, as it applies in relation to members of a registered pension scheme established in the United Kingdom, and (d) as applying to relevant contributions to a non-UK registered scheme as it applies in relation to contributions to a registered pension scheme established in the United Kingdom. (2) Subsection (1) has effect subject to, and in accordance with, the following provisions of this Chapter. (3) The Commissioners for Her Majesty's Revenue and Customs may by regulations make— (a) provision elucidating the application of, or supplementing, subsection (1) or other provisions of this Chapter, or (b) where relief from tax is involved, other provision for or in connection with the application of this Part where the interpretative presumption against extra-territorial application means that it would otherwise not apply. (4) Regulations under subsection (3) may (in particular)— (a) amend provisions of or made under— (i) this Part, or (ii) any other enactment related to taxation in connection with pensions, and (b) make consequential amendments of provisions of, or made under, any enactment. (5) See section 242B for the meaning of “UK-relieved funds” and “relevant contribution”.

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242D Non-UK registered schemes: annual allowance charge

(1) This section is about the application of the provisions of this Part relating to the annual allowance charge. (2) Pension input amounts in respect of arrangements relating to an individual under a non-UK registered scheme are to be taken into account in applying the provisions for a tax year in relation to the individual only if, in accordance with regulations made by the Commissioners for Her Majesty's Revenue and Customs, relieved inputs are to be taken to have been made in respect of the individual under the scheme in the year.

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242E Investment-regulated non-UK registered schemes

For the purposes of the application of the taxable property provisions in relation to a non-UK registered scheme, property is taxable property in relation to the scheme if it would be taxable property in relation to the scheme were the scheme a registered pension scheme established in the United Kingdom.

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243 Overseas pension schemes: migrant member relief

Schedule 33 contains provision about migrant member relief in respect of contributions under overseas pension schemes.

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244 Non-UK schemes: application of certain charges

Schedule 34 contains provision applying certain charges under this Part , and under Part 9 of ITEPA 2003 (pension income), in relation to non-UK schemes.

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244A Overseas transfer charge

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244AA Overseas transfer charge: introduction

A charge to income tax, to be known as the overseas transfer charge, arises under the following sections— (a) section 244AC (overseas transfer charge: transfers where no exclusion applies); (b) section 244IA (overseas transfer charge: transfers exceeding available allowance).

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244AB Overseas transfer charge: interpretation

(1) In this section and in sections 244AC to 244N— “former QROPS” means a scheme that has at any time been a QROPS; “onward transfer” means (subject to subsection (3)) a transfer of sums or assets held for the purposes of, or representing accrued rights under, an arrangement under a QROPS or a former QROPS in relation to a member so as to become held for the purposes of, or to represent rights under, an arrangement under another QROPS in relation to that person as a member of that other QROPS; “original transfer”, in relation to an onward transfer, means (subject to subsection (3))— the recognised transfer or relieved relevant non-UK scheme transfer in respect of which the following conditions are met— it is from a registered pension scheme or a relieved relevant non-UK scheme to a QROPS, the sums and assets transferred by the onward transfer directly or indirectly derive from those transferred by it, and it is more recent than any other recognised transfer or relieved relevant non-UK scheme transfer in respect of which the conditions in sub-paragraphs (i) and (ii) are met, or where there is no such recognised transfer or relieved relevant non-UK scheme transfer, the relevant transfer (see paragraph 1(6) of Schedule 34) in respect of which the following conditions are met— it is from a relevant non-UK scheme (see paragraph 1(5) of Schedule 34), it is a transfer of the whole or part of the UK tax-relieved fund (see paragraph 3 of Schedule 34) of a member of the scheme, it is to a QROPS, and the sums and assets transferred by the onward transfer directly or indirectly derive from those transferred by it; “QROPS” means a qualifying recognised overseas pension scheme; “recognised transfer” has the meaning given by section 169; “the relevant period” means— in the case of a recognised transfer or a relieved relevant non-UK scheme transfer made on 6 April in any year, the five years beginning with the date of that transfer, in the case of any other recognised transfer or relieved relevant non-UK scheme transfer, the period consisting of the combination of— the period beginning with the date of the transfer and ending immediately before the next 6 April, and the five years beginning at the end of that initial period, in the case of an onward transfer, the period— beginning with the date of the transfer, and ending at the end of the relevant period for the original transfer (see paragraphs (a) and (b) or, as the case may be, paragraphs (d) and (e)), in the case of a relevant transfer that— is made on 6 April in any year, and is the original transfer for an onward transfer, the five years beginning with the date of the relevant transfer, and in the case of a relevant transfer that— is made otherwise than on 6 April in any year, and is the original transfer for an onward transfer, the period consisting of the combination of: the period beginning with the date of the relevant transfer and ending immediately before the next 6 April; and the five years beginning at the end of that initial period; “relieved relevant non-UK scheme” means a pension scheme that is a relevant non-UK scheme within the meaning of sub-paragraph (5) of paragraph 1 of Schedule 34 in respect of which at least one of paragraphs (a) to (c) of that sub-paragraph applies; “relieved relevant non-UK scheme transfer” means a transfer, other than a block transfer, of sums or assets held for the purposes of, or representing accrued rights under, an arrangement under a relieved relevant non-UK scheme in relation to a relieved member of the scheme so as to become held for the purposes of, or to represent rights under, an arrangement under a QROPS in relation to that person as a member of that QROPS; “ring-fenced transfer fund”, in relation to a QROPS or former QROPS, has the meaning given by paragraph 1 of Schedule 34. (2) For the purposes of the definition of “relieved relevant non-UK scheme transfer”— (a) a transfer is “a block transfer” in relation to a member of a pension scheme if it involves the transfer, in a single transaction, of all the sums and assets held for the purposes of, or representing accrued rights under, the arrangements under the scheme which relate to the member and at least one other member of the scheme; (b) an individual is “a relieved member” of a relieved relevant non-UK scheme if— (i) any of the contributions in respect of which relief has been given as mentioned in paragraph (a) or (b) of the definition of “relevant non-UK scheme” in paragraph 1(5) of Schedule 34 were contributions paid by or on behalf of, or in respect of, the individual, or (ii) the individual is the member, or one of the members, who has been exempt from liability to tax as mentioned in paragraph (c) of that definition. (3) Where, apart from this subsection, there would be different original transfers for different parts of an onward transfer, each such part of the onward transfer is to be treated as a separate onward transfer for the purposes of this section and sections 244AC to 244N.

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244AC Overseas transfer charge: transfers where no exclusion applies

(1) The overseas transfer charge arises where— (a) a transfer within subsection (2) is made to a QROPS, and (b) the transfer is not excluded from the charge by or under any of sections 244B to 244H. (2) A transfer to a QROPS is within this subsection if it is— (a) a recognised transfer, (b) a relieved relevant non-UK scheme transfer, or (c) an onward transfer that is made during the relevant period for the original transfer. (3) Sections 244B to 244H are subject to section 244I (circumstances in which exclusions do not apply).

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244B Exclusion: member and receiving scheme in same country

(1) A recognised transfer to a QROPS or a relieved relevant non-UK scheme transfer is excluded from the overseas transfer charge under section 244AC if during the relevant period— (a) the member is resident in the country or territory in which the QROPS to which the transfer is made is established, and (b) there is no onward transfer— (i) for which the recognised transfer is the original transfer or relieved relevant non-UK scheme transfer, and (ii) which is not excluded from the charge. (2) If the member is resident in that country or territory at the time of the transfer mentioned in subsection (1), it is to be assumed for the purposes of subsection (1) that the member will be resident in that country or territory during the relevant period; but if, at a time before the end of the relevant period, the transfer ceases to be excluded by subsection (1) otherwise than by reason of the member's death— (a) that assumption is from that time no longer to be made, and (b) the charge on the transfer is treated as charged at that time. (3) An onward transfer to a QROPS (“transfer A”) is excluded from the overseas transfer charge under section 244AC if during so much of the relevant period as is after the time of transfer A— (a) the member is resident in the country or territory in which the QROPS is established, and (b) there is no subsequent onward transfer that— (i) is of sums and assets which, in whole or part, directly or indirectly derive from those transferred by transfer A, and (ii) is not excluded from the charge. (4) If the member is resident in that country or territory at the time of transfer A, it is to be assumed for the purposes of subsection (3) that the member will be resident in that country or territory during so much of the relevant period as is after the time of transfer A; but if, at a time before the end of the relevant period, the transfer ceases to be excluded by subsection (3) otherwise than by reason of the member's death— (a) that assumption is from that time no longer to be made, and (b) the charge on transfer A is treated as charged at that time.

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244C Exclusion: receiving scheme in EEA state or Gibraltar, and member resident in UK or EEA state

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244D Exclusion: receiving scheme is an occupational pension scheme

A transfer to a QROPS is excluded from the overseas transfer charge under section 244AC if— (a) the QROPS is an occupational pension scheme, and (b) when the transfer is made, the member is an employee of a sponsoring employer of the QROPS.

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244E Exclusion: receiving scheme set up by international organisation

(1) A transfer to a QROPS is excluded from the overseas transfer charge under section 244AC if— (a) the QROPS is established by an international organisation and has effect so as to provide benefits for, or in respect of, past service as an employee of the organisation, and (b) when the transfer is made, the member is an employee of the organisation. (2) In this section “international organisation” means an organisation to which section 1 of the International Organisations Act 1968 applies by virtue of an Order in Council under subsection (1) of that section.

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244F Exclusion: receiving scheme is an overseas public service scheme

(1) A transfer to a QROPS is excluded from the overseas transfer charge under section 244AC if— (a) the QROPS is an overseas public service pension scheme, and (b) when the transfer is made, the member is an employee of an employer that participates in the scheme. (2) A QROPS is an “overseas public service pension scheme” for the purposes of this section if— (a) either— (i) it is established by or under the law of the country or territory in which it is established, or (ii) it is approved by the government of that country or territory, and (b) it is established solely for the purpose of providing benefits to individuals for or in respect of services rendered to— (i) that country or territory, or (ii) any political subdivision or local authority of that country or territory. (3) For the purposes of this section, an employer participates in a QROPS that is an overseas public service pension scheme if the scheme has effect so as to provide benefits to or in respect of any or all of the employees of the employer in respect of their employment by the employer.

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244G Exclusions: avoidance of double charge, and transitional protections

(1) A recognised transfer to a QROPS is excluded from the overseas transfer charge if it is made in execution of a request made before 9 March 2017. (2) An onward transfer (“the current onward transfer”) is excluded from the overseas transfer charge under section 244AC if— (a) the charge has been paid on the original transfer and the amount paid is not repayable, or (b) the charge has been paid on an onward transfer (“the earlier onward transfer”) in respect of which the conditions in subsection (4) are met and the amount paid is not repayable, or (c) the original transfer was made before 9 March 2017, or (d) the original transfer was made on or after 9 March 2017 in execution of a request made before 9 March 2017. (3) An onward transfer is excluded from the overseas transfer charge under section 244AC so far as the transfer is made otherwise than out of the member's ring-fenced transfer funds under the scheme from which the onward transfer is made. (4) The conditions mentioned in subsection (2)(b) are— (a) that the earlier onward transfer was made before the current onward transfer, (b) that the earlier onward transfer was made after the original transfer, and (c) that all the sums and assets transferred by the current onward transfer directly or indirectly derive from those transferred by the earlier onward transfer. (5) An onward transfer is excluded from the overseas transfer charge under section 244AC where— (a) the overseas transfer charge under section 244IA(1) arose in relation to the original transfer, and (b) none of the member’s overseas transfer allowance was available on the making of the original transfer.

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244H Power to provide for further exclusions

The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision for a recognised transfer to a QROPS, a relieved relevant non-UK scheme transfer or an onward transfer to be excluded from the overseas transfer charge under section 244AC if the transfer is of a description specified in the regulations.

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244I Circumstances in which exclusions do not apply

(1) Subsection (2) applies if a recognised transfer to a QROPS, a relieved relevant non-UK scheme transfer or an onward transfer would (but for this section) be excluded from the overseas transfer charge under section 244AC by any of sections 244B to 244F. (2) The transfer is not excluded from the charge if the member has, in connection with the transfer, failed to comply with the relevant information regulation. (3) In subsection (2) “the relevant information regulation” means whichever of the following is applicable— (a) regulation 11BA of the Registered Pension Schemes (Provision of Information) Regulations 2006 (S.I. 2006/567), or any regulation having effect in place of any of that regulation, as (in either case) from time to time amended, and (b) regulation 3AE of the Pension Schemes (Information Requirements for Qualifying Overseas Pension Schemes, Qualifying Recognised Overseas Pension Schemes and Corresponding Relief) Regulations 2006 (S.I. 2006/208), or any regulation having effect in place of any of that regulation, as (in either case) from time to time amended.

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244IA Overseas transfer charge: transfers exceeding available allowance

(1) The overseas transfer charge arises where— (a) a transfer to a QROPS is made that is— (i) within section 244AC(2)(a) or (b), or (ii) an onward transfer within section 244AC(2)(c) in relation to which the original transfer is a transfer within paragraph (b) of the definition of “original transfer” (see section 244AB(1)), (b) the transfer is excluded from the charge under section 244AC by or under any of sections 244B to 244H, and (c) the transferred value (determined in accordance with section 244K) exceeds the amount of the member’s overseas transfer allowance that is available on the making of the transfer. (2) The overseas transfer charge also arises where— (a) a transfer of the kind mentioned in subsection (1)(a) is made to a QROPS, (b) a charge under section 244AC (“the original charge”) arises in relation to the transfer, (c) a person liable to the original charge becomes entitled under section 244M to a repayment in respect of the original charge, and (d) the transferred value (determined in accordance with section 244K) exceeds the amount of the member’s overseas transfer allowance that is available on the making of the transfer.

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244IB Member’s overseas transfer allowance

A member’s “overseas transfer allowance” is an amount equal to the member’s lump sum and death benefit allowance.

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244IC Availability of member’s overseas transfer allowance

(1) This section is about the availability of a member’s overseas transfer allowance on the making of a transfer of the kind mentioned in section 244IA(1)(a) (“the current overseas transfer”). (2) If no transfer of the kind mentioned in section 244IA(1)(a) has been made in relation to the member before the current overseas transfer, the whole of the member’s overseas transfer allowance is available. (3) Otherwise, the amount of the member’s overseas transfer allowance that is available is— (a) so much of that allowance as is left after deducting the previously-used amount, or (b) if none is left after deducting that amount, nil. (4) For this purpose “the previously-used amount” is the aggregate of the transferred value (determined in accordance with section 244K) of each transfer (if any) of the kind mentioned in section 244IA(1)(a) that has been made in relation to the member before the current overseas transfer. (5) A reference in this section to a transfer of the kind mentioned in section 244IA(1)(a) is to a transfer made on or after 6 April 2024.

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244ID Information to be provided by relieved relevant non-UK scheme on block transfer

(1) Subsection (2) applies where— (a) a relieved relevant non-UK scheme (“the transferring scheme”) makes a transfer to a QROPS, and (b) the transfer is a block transfer in relation to any member of the transferring scheme. (2) The scheme manager of the transferring scheme must, before the end of the period of 91 days beginning with the day of the transfer, provide the scheme manager of the QROPS with a statement stating— (a) that the transfer is a block transfer and, accordingly, that an onward transfer subsequently made by the QROPS of sums or assets derived from those transferred by the block transfer may give rise to an overseas transfer charge under section 244IA, (b) the date of the transfer, and (c) the transferred value of the transfer (determined in accordance with section 244K). (3) Section 244AB(2)(a) (meaning of “block transfer”) applies for the purposes of this section.

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244J Persons liable to charge

(1) In the case of a recognised transfer to a QROPS, the persons liable to the overseas transfer charge are— (a) the scheme administrator of the registered pension scheme from which the transfer is made, and (b) the member, and their liability is joint and several. (1A) In the case of a relieved relevant non-UK scheme transfer, the member is liable to the overseas transfer charge. (2) In the case of an onward transfer, the persons liable to the overseas transfer charge are— (a) the scheme manager of the QROPS, or former QROPS, from which the transfer is made, and (b) the member, and their liability is joint and several. (3) Subsections (1) and (2) are subject to subsection (4), and subsections (2) and (4) are subject to subsection (5). (4) If a recognised transfer to a QROPS or an onward transfer is one required by section 244B ... to be initially assumed to be excluded by that section but an event occurring before the end of the relevant period means that the recognised transfer to a QROPS or an onward transfer is not so excluded, the persons liable to the overseas transfer charge in the case of the recognised transfer to a QROPS or an onward transfer are— (a) the scheme manager of any QROPS, or former QROPS, under which the member has, at the time of the event, ring-fenced transfer funds in which any of the sums and assets referred to in section 244K(6) in the case of the transfer are represented, and (b) the member, and their liability is joint and several. (5) The scheme manager of a former QROPS is liable to the overseas transfer charge in the case of a transfer (“the transfer concerned”) only if the former QROPS— (a) was a QROPS when a relevant inward transfer was made, and (b) where a relevant inward transfer was made before 9 March 2017, was a QROPS at the start of 9 March 2017; and here “relevant inward transfer” means a recognised or onwards transfer to the former QROPS (at a time when it was a QROPS) of sums and assets which, to any extent, are represented by sums or assets transferred by the transfer concerned. (6) A person is liable to the overseas transfer charge whether or not— (a) that person, and (b) any other person who is liable to the charge, are resident ... in the United Kingdom.

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244JA Amount of charge

(1) Where the overseas transfer charge arises under section 244AC in relation to a transfer, the charge is— (a) in a case where the transfer is an onward transfer and the overseas transfer charge under section 244IA(1) arose in relation to the original transfer, 25% of so much of the transferred value of the original transfer as did not exceed the amount of the member’s overseas transfer allowance that was available on the making of the original transfer; (b) in any other case, 25% of the transferred value. (2) Where the overseas transfer charge arises under section 244IA in relation to a transfer, the charge is 25% of so much of the transferred value as exceeds the amount of the member’s overseas transfer allowance that is available on the making of the transfer.

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244K Meaning of “transferred value”

(1A) The transferred value, in relation to a transfer within section 244AC(2), is to be determined in accordance with this section. (2) If the transfer is from a registered pension scheme established in the United Kingdom, the transferred value is the total of— (a) the amount of any sums transferred, and (b) the value of any assets transferred, but this is subject to subsections (6) to (9). (3) If the transfer is from a registered pension scheme established in a country or territory outside the United Kingdom, the transferred value is the total of— (a) the amount of any sums transferred that are attributable to UK-relieved funds of the scheme, and (b) the value of any assets transferred that are attributable to UK-relieved funds of the scheme, but this is subject to subsections (6) to (9). (3A) If the transfer is a transfer from a relieved relevant non-UK scheme, the transferred value is the total of— (a) the amount of any sums transferred that are attributable to the member’s UK tax-relieved fund (see paragraph 3 of Schedule 34), and (b) the value of any assets transferred that are attributable to that fund, but this is subject to subsections (6) to (9). (4) If the transfer is from a QROPS or former QROPS, the transferred value is the total of— (a) the amount of any sums transferred that are attributable to the member's ring-fenced transfer funds under the scheme, and (b) the value of any assets transferred that are attributable to the member's ring-fenced transfer funds under the scheme, but this is subject to subsections (6) to (9). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) If the transfer is one initially assumed to be excluded by section 244B ... but an event occurring before the end of the relevant period means that the transfer is not so excluded, the sums and assets mentioned in whichever of subsections (2) to (4) is applicable include only those that at the time of the event are represented in any of the member's ring-fenced transfer funds under any QROPS or former QROPS. (7) If the operator pays a charge under section 244AC or 244IA on the transfer and does so— (a) otherwise than by deduction from the transfer, and (b) out of sums and assets held for the purposes of, or representing accrued rights under, the scheme from which the transfer is made, the transferred value is the amount specified in subsection (7A). (7A) The amount mentioned in subsection (7) is the aggregate of— (a) the chargeable portion, (b) the gross-up amount, and (c) the non-chargeable portion (if any). (7B) In subsection (7A)— “the chargeable portion” is— in a case where the amount of the overseas transfer charge in relation to the transfer is to be determined under paragraph (a) of section 244JA(1), an amount equal to so much of the transferred value of the original transfer mentioned in that paragraph as did not exceed the amount of the member’s overseas transfer allowance that was available on the making of the original transfer; in a case where the amount of the overseas transfer charge in relation to the transfer is to be determined under paragraph (b) of section 244JA(1), the amount given by subsections (2) to (6); in a case where the amount of the overseas transfer charge in relation to the transfer is to be determined under section 244JA(2), so much of the amount given by subsections (2) to (6) as exceeds the amount of the member’s overseas transfer allowance that is available on the making of the transfer; “the gross-up amount” is an amount equal to one third of the chargeable portion; “the non-chargeable portion” is— the amount given by subsections (2) to (6), less the chargeable portion. (8) If the operator pays a charge under section 244AC or 244IA on the transfer and does so by deduction from the transfer, the transferred value is the amount given by subsections (2) to (6) before the deduction. (9) If the member pays a charge under section 244AC or 244IA on the transfer, the transferred value is the amount given by subsections (2) to (6) without any deduction for the charge. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) In this section— “the operator” means— the scheme administrator of the scheme from which the transfer is to be made if that scheme is a registered pension scheme, or the scheme manager of the scheme from which the transfer is to be made if that scheme is a QROPS or former QROPS; “UK-relieved funds”, in relation to a registered pension scheme established in a country or territory outside the United Kingdom, has the meaning given by section 242B.

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244L Accounting for overseas transfer charge by scheme managers

(1) In this section “charge” means overseas transfer charge for which the scheme manager of a QROPS or former QROPS is liable. (2) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision for or in connection with— (a) the payment of charge, including due dates for payment, (b) the charging of interest on charge not paid on or before its due date, (c) notification by the scheme manager of errors in information provided by the scheme manager to the Commissioners in connection with charge or the scheme manager's liability for overseas transfer charge, (d) repayments to scheme managers under section 244M of amounts paid by way of charge, and (e) the making of assessments, repayments or adjustments in cases where the correct amount of charge has not been paid by the due date for payment of the charge. (3) The regulations may, in particular— (a) modify the operation of any provision of the Tax Acts, or (b) provide for the application of any provision of the Tax Acts (with or without modification).

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244M Repayments of charge on subsequent excluding events

(1) This section applies if— (a) the overseas transfer charge under section 244AC arose on a transfer at the time the transfer was made, and (b) at a time during the relevant period for the transfer, circumstances arise such that, had those circumstances existed at the time the transfer was made, the transfer would at the time it was made have been excluded from the charge by sections 244B to 244F or under section 244H. (2) Any amount paid in respect of charge on the transfer is to be repaid by the Commissioners for Her Majesty's Revenue and Customs so far as not already repaid. (3) Subsection (2) does not give rise to entitlement to repayment of, or cancellation of liabilities to, interest or penalties in respect of late payment of charge on the transfer. (4) Repayment under this section to the scheme administrator of a registered pension scheme, or the scheme manager of a QROPS or former QROPS, is conditional on prior compliance with any requirements to give information to the Commissioners, about the circumstances in which the right to the repayment arises, that are imposed on the prospective recipient under section 169 or 251 (but repayment is not conditional on compliance with any time limits so imposed for compliance with any such requirements). (5) Repayment under this section is not a relievable pension contribution. (6) Repayment under this section to the member is conditional on making a claim, and such a claim must be made no later than one year after the end of the relevant period for the transfer concerned. (7) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision for or in connection with claims or repayments under this section, including provision— (a) requiring claims, (b) about who may claim, (c) imposing conditions for making claims, including conditions about time limits, (d) as to additional circumstances in which repayments may be made, (e) modifying the operation of any provision of the Tax Acts, or (f) applying any provision of the Tax Acts (with or without modifications).

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244N Discharge of liability of scheme administrator or manager

(1) In this section “operator” means— (a) the scheme administrator of a registered pension scheme, or (b) the scheme manager of a QROPS or former QROPS. (2) If an operator is liable under section 244J, the operator may apply to an officer of Revenue and Customs for the discharge of the operator's liability on the following ground. (3) The ground is that— (a) the operator reasonably believed that there was no liability to the overseas transfer charge on the transfer concerned, and (b) in all the circumstances of the case, it would not be just and reasonable for the operator to be liable to the charge on the transfer. (4) On receiving an application under subsection (2), an officer of Revenue and Customs must decide whether to discharge the operator's liability. (5) An officer of Revenue and Customs must notify the operator of the decision on the application. (6) The discharge of the operator's liability does not affect the liability of any other person to overseas transfer charge on the transfer concerned. (7) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision supplementing this section, including provision for time limits for making an application under this section.

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245 Restriction of deduction for contributions by employer

(1) Schedule 24 to the Finance Act 2003 (c. 14) (restriction of deductions for employee benefit contributions) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In sub-paragraph (1) of paragraph 2 (“qualifying benefits”), insert at the end or (c) is made under an employer-financed retirement benefits scheme. (4) In sub-paragraph (5) of that paragraph (when qualifying benefit treated as provided), after “payment of money” insert “otherwise than under an employer-financed retirement benefits scheme”. (5) In paragraph 8 (deductions to which Schedule does not apply), for paragraphs (b) and (c) substitute— (b) in respect of contributions under a registered pension scheme or a section 615(3) scheme, (c) in respect of contributions under a qualifying overseas pension scheme in respect of an individual who is a relevant migrant member of the pension scheme in relation to the contributions, . (6) In sub-paragraph (1) of paragraph 9 (interpretation), in the definition of “employee benefit scheme”, after “include,” insert “present or former”. (7) In that sub-paragraph, after the definition of “the employer” insert— “employer-financed retirement benefits scheme” has the same meaning as in Chapter 2 of Part 6 of the Income Tax (Earnings and Pensions) Act 2003 (see section 393A of that Act); . (8) In that sub-paragraph, after the definition of “qualifying expenses” insert— “qualifying overseas pension scheme” has the same meaning as in Schedule 33 to the Finance Act 2004 (see paragraphs 5 and 6 of that Schedule); “registered pension scheme” has the same meaning as in Part 4 of that Act (see section 150 of that Act); “relevant migrant member” has the same meaning as in Schedule 33 to that Act (see paragraph 4 of that Schedule); “section 615(3) scheme” means a superannuation fund to which section 615(3) of the Taxes Act 1988 applies; .

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246 Restriction of deduction for non-contributory provision

(1) This section applies in relation to an employer’s expenses of providing benefits to or in respect of present or former employees under an employer-financed retirement benefits scheme in a case where— (a) the expenses do not consist of the making of contributions under the scheme, but (b) in accordance with generally accepted accounting practice they are shown in the employer’s accounts. (2) Unless the benefits are ones in respect of which a person is, on receipt, chargeable to income tax, the expenses— (a) are not deductible in computing the amount of the profits of the employer for the purposes of Part 2 of ITTOIA 2005 or Part 3 of CTA 2009 (trading income), (b) are not expenses of management of the employer for the purposes of Chapter 2 of Part 16 of CTA 2009 (expenses of management: companies with investment business), and (c) are not to count as ordinary BLAGAB management expenses of the employer for an accounting period for the purposes of section 76 of FA 2012. (3) But where the benefits are ones in respect of which a person is, on receipt, chargeable to income tax— (a) if the expenses are allowed to be deducted in computing the amount of the profits of the employer to be charged under Part 2 of ITTOIA 2005 or Part 3 of CTA 2009 (trading income), they are deductible in computing the amount of the profits for the period of account in which they are paid, and (b) for the purposes of the operation in relation to the employer of section 76 of FA 2012 or Chapter 2 of Part 16 of CTA 2009, the expenses are referable to the accounting period in which they are paid. (4) In this section “employer-financed retirement benefits scheme” has the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see section 393A of that Act).

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246A Case where no relief for provision by an employer

(1) An employer's expenses of providing relevant benefits to or in respect of a present or former employee (“the employee”) under an employer-financed retirement benefits scheme (whether or not by the making of contributions under the scheme) are not subject to relief if subsection (2) applies. (2) This subsection applies where— (a) the provision of the relevant benefits results in a reduction in the benefits payable to or in respect of the employee under a registered pension scheme, or (b) a reduction in the benefits payable to or in respect of the employee under a registered pension scheme results in the provision of the relevant benefits. (3) But if the extent to which contributions paid by the employer under the registered pension scheme in respect of the employee are subject to relief has been restricted in accordance with regulations under section 196A, the employer's expenses of providing the relevant benefits are not prevented from being subject to relief to the extent that is just and reasonable. (4) The references in this section to expenses of an employer being subject to relief are to— (a) their being deductible in computing the amount of the profits of the employer for the purposes of Part 2 of ITTOIA 2005 or Part 3 of CTA 2009 (trading income), (b) their being expenses of management of the employer for the purposes of Chapter 2 of Part 16 of CTA 2009 (expenses of management: companies with investment business), or (c) their being ordinary BLAGAB management expenses of the employer for an accounting period for the purposes of section 76 of FA 2012 , (depending on which is appropriate in relation to the employer). (5) In this section— “employer-financed retirement benefits scheme”, and “relevant benefits”, have the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see sections 393A and 393B of that Act).

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247 Abolition of income tax charge in respect of employer payments

In Part 6 of ITEPA 2003, omit Chapter 1 (payments by employer for the provision of benefits for an employee under certain schemes to count as employment income of employee).

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248 Employer’s cost of insuring against non-payment of benefit

(1) Section 307 of ITEPA 2003 (no liability to income tax in respect of chargeable benefit on provision made by employer for a retirement or death benefit) is amended as follows. (2) After subsection (1) insert— (1A) Subsection (1) does not apply to provision made for insuring against the risk that a retirement or death benefit under an employer-financed retirement benefits scheme cannot be paid or given because of the employer’s insolvency. (1B) In subsection (1A) “employer-financed retirement benefits scheme” has the same meaning as in Chapter 2 of Part 6 (see section 393A). (3) In subsection (2), for “subsection (1)” substitute “this section”.

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249 Taxation of non-pension benefits

(1) Chapter 2 of Part 6 of ITEPA 2003 (taxation of non-pension benefits from certain pension schemes) is amended as follows. (2) In the heading of the Chapter, for “non-approved pension” substitute “employer-financed retirement benefits”. (3) For section 393 substitute— Application of this Chapter 393 (1) This Chapter applies to relevant benefits provided under an employer-financed retirement benefits scheme. (2) Section 393A defines “employer-financed retirement benefits scheme” and section 393B defines “relevant benefits”. Employer-financed retirement benefits scheme 393A (1) In this Chapter “employer-financed retirement benefits scheme” means a scheme for the provision of benefits consisting of or including relevant benefits to or in respect of employees or former employees of an employer. (2) But neither— (a) a registered pension scheme, nor (b) a section 615(3) scheme, is an employer-financed retirement benefits scheme. (3) “Section 615(3) scheme” means a superannuation fund to which section 615(3) of ICTA applies. (4) “Scheme” includes a deed, agreement, series of agreements, or other arrangements. Relevant benefits 393B (1) In this Chapter “relevant benefits” means any lump sum, gratuity or other benefit (including a non-cash benefit) provided (or to be provided)— (a) on or in anticipation of the retirement of an employee or former employee, (b) on the death of an employee or former employee, (c) after the retirement or death of an employee or former employee in connection with past service, (d) on or in anticipation of, or in connection with, any change in the nature of service of an employee, or (e) to any person by virtue of a pension sharing order or provision relating to an employee or former employee. (2) But— (a) benefits charged to tax under Part 9 (pension income), (b) benefits chargeable to tax by virtue of Schedule 34 to FA 2004 (which applies certain charges under Part 4 of that Act in relation to non-UK schemes), and (c) excluded benefits, are not relevant benefits. (3) The following are “excluded benefits”— (a) benefits in respect of ill-health or disablement of an employee during service, (b) benefits in respect of the death by accident of an employee during service, (c) benefits under a relevant life policy, and (d) benefits of any description prescribed by regulations made by the Board of Inland Revenue. (4) In subsection (3)(c) “relevant life policy” means— (a) an excepted group life policy as defined in section 480 of ITTOIA 2005, (b) a policy of life insurance the terms of which provide for the payment of benefits on the death of a single individual and with respect to which— (i) condition A in section 481 of that Act would be met if paragraph (a) in that condition referred to the death, in any circumstances or except in specified circumstances, of that individual (rather than the death in any circumstances of each of the individuals insured under the policy) and if the condition did not include paragraph (b), and (ii) conditions C and D in that section and conditions A and C in section 482 of that Act are met, or (c) a policy of life insurance that would be within paragraph (a) or (b) but for the fact that it provides for a benefit which is an excluded benefit under or by virtue of paragraph (a), (b) or (d) of subsection (3). (5) In subsection (1)(e) “pension sharing order or provision” means any such order or provision as is mentioned in section 28(1) of WRPA 1999 or Article 25(1) of WRP(NI)O 1999. (4) Section 394 (charge on benefit) is amended as follows. (5) After subsection (1) insert— (1A) Subsection (1) does not apply in relation to the benefit if the total amount of the benefits to which this Chapter applies received by the individual in the relevant tax year does not exceed £100. (6) In subsection (2), for “administrator of” substitute “person who is (or persons who are) the responsible person in relation to”. (7) In subsection (3), for “subsections (1) and (2)” substitute “this section”. (8) For sections 395 to 397 substitute— Reduction where employee has contributed 395 (1) This section applies in relation to a relevant benefit under an employer-financed retirement benefits scheme in the form of a lump sum where, under the scheme, an employee has paid any sum or sums by way of contribution to the provision of the lump sum. (2) The amount which, by virtue of section 394, counts as employment income, or is chargeable to tax under subsection (2) of that section, is the amount of the lump sum reduced by the sum, or the aggregate of the sums, paid by the employee by way of contribution to the provision of the lump sum. (3) A reduction under this section may not be claimed in respect of the same contribution in relation to more than one lump sum. (4) It is to be assumed, unless the contrary is shown, that no reduction is applicable under this section. (9) In subsection (1) of section 399 (valuation of benefit in form of loan), for “administrator of” substitute “person who is (or any of the persons who are) the responsible person in relation to”. (10) In subsection (2) of that section, for “administrator” substitute “responsible person”. (11) For section 400 substitute— Responsible person 399A (1) The following heads specify the person who is, or persons who are, the responsible person in relation to an employer-financed retirement benefits scheme for the purposes of this Chapter. (2) But if a person is, or persons are, the responsible person in relation to the scheme by virtue of being specified under one head, no-one is the responsible person in relation to the scheme by virtue of being specified under a later head. Head 1 If there are one or more trustees of the scheme who are resident in the United Kingdom, that trustee or each of those trustees. Head 2 If there are one or more persons who control the management of the scheme, that person or each of those persons. Head 3 If alive or still in existence, the employer, or any of the employers, who established the scheme and any person by whom that employer, or any of those employers, has been directly or indirectly succeeded in relation to the provision of benefits under the scheme. Head 4 Any employer of employees to or in respect of whom benefits are, or are to be, provided under the scheme. Head 5 If there are one or more trustees of the scheme who are not resident in the United Kingdom, that trustee or each of those trustees. Interpretation 400 In this Chapter— “employer-financed retirement benefits scheme” has the meaning given by section 393A; “relevant benefits” has the meaning given by section 393B; and “responsible person” has the meaning given by section 399A. (12) In Part 2 of Schedule 1 to ITEPA 2003 (defined expressions), insert at the appropriate places— employer-financed retirement benefits scheme (in Chapter 2 of Part 6) | section 393A relevant benefits (in Chapter 2 of Part 6) | section 393B responsible person (in Chapter 2 of Part 6) | section 399A .

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250 Registered pension scheme return

(1) The Inland Revenue may, in relation to any tax year, by notice require the scheme administrator of a registered pension scheme— (a) to make and deliver to the Inland Revenue a return containing any information reasonably required by the notice, and (b) to deliver with the return any accounts, statements or other documents relating to information contained in the return which may reasonably be required by the notice. (2) The information that may be required to be included in the return is any information relating to— (a) contributions made under the pension scheme, (b) transfers of sums or assets held for the purposes of, or representing accrued rights under, another pension scheme so as to become held for the purposes of, or to represent rights under, the pension scheme, (c) income and gains derived from investments or deposits held for the purposes of the pension scheme, (d) other receipts of the pension scheme, (e) the sums and other assets held for the purposes of the pension scheme, (f) the liabilities of the pension scheme, (g) the provision of benefits by the pension scheme, (h) transfers of sums or assets held for the purposes of, or representing accrued rights under, the pension scheme so as to become held for the purposes of, or to represent rights under, another pension scheme, (i) other expenditure of the pension scheme, (j) the membership of the pension scheme, or (k) any other matter relating to the administration of the pension scheme. (3) The information that may be required to be included in the return may be limited to information concerning any particular arrangement or arrangements under the pension scheme. (4) The notice must specify the period to be covered by the return. (5) The period may be— (a) the whole or any specified part of the tax year, or (b) if audited accounts of the pension scheme have been prepared for any period or periods ending in the tax year, the period or periods covered by the accounts. (6) “Audited accounts” means accounts audited by a person of a description specified in regulations made by the Board of Inland Revenue. (7) A return relating to the whole or part of, or to a period or periods ending in, a tax year must be delivered— (a) where the notice requiring the return is given after the 31st October in the next tax year, before the end of the period of three months beginning with the day on which the notice is given, and (b) otherwise, not later than the 31st January in the next tax year (but subject as follows). (8) If, in a case within paragraph (b) of subsection (7), the winding-up of the pension scheme has been completed before 31st October in the next tax year, the return must be delivered before the end of the period of three months beginning with the day on which the winding-up is completed. (9) But subsection (8) does not apply if the end of that period is before the end of the period of three months beginning with the day on which the notice is given; and in that case the return must be delivered before the end of that period.

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251 Information: general requirements

(1) The Board of Inland Revenue may by regulations make provision requiring persons of a prescribed description— (a) to provide to the Inland Revenue, in a form specified by the Board of Inland Revenue, information of a prescribed description relating to any of the matters mentioned in subsection (2), and (b) to preserve for a prescribed period any documents relating to such information. (2) Those matters are— (a) any matter relating to a registered pension scheme, (b) any matter relating to a pension scheme which has ceased to be a registered pension scheme, (c) any matter relating to a pension scheme in relation to which an application for registration has been made, (d) any matter relating to an annuity purchased with sums or assets held for the purposes of a registered pension scheme, (e) the coming into operation of an employer-financed retirement benefits scheme, and (f) the provision of relevant benefits under an employer-financed retirement benefits scheme. (3) In subsection (2)— “employer-financed retirement benefits scheme”, and “relevant benefits”, have the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see sections 393A and 393B of that Act). (4) The Board of Inland Revenue may by regulations make provision— (a) requiring scheme administrators of registered pension schemes or other persons of a prescribed description to provide information of a prescribed description to persons of such of the descriptions mentioned in subsection (5) as are prescribed or to the scheme administrators of other registered pension schemes, ... (b) requiring persons of such of the descriptions specified in subsection (5) as are prescribed to provide information of a prescribed description to the scheme administrators of registered pension schemes, (ba) requiring, in a case where a payment (“the onwards payment”) is made directly or indirectly out of a sum on whose payment tax has been charged under section 206, the person making the onwards payment to provide information of a prescribed description to the person to whom the onwards payment is made, (c) requiring scheme administrators of registered pension schemes to provide information of a prescribed description to scheme managers of qualifying recognised overseas pension schemes, or (d) requiring members or former members of a relevant non-UK pension scheme to provide information to the scheme administrators, or scheme managers, of registered pension schemes or other relevant non-UK pension schemes. (5) Those persons are— (a) members of a registered pension scheme, (aa) employers of members of a registered pension scheme, (b) persons who have ceased to be members of a registered pension scheme, (c) persons to whom benefits under a registered pension scheme are being, or have been, provided, (d) the personal representatives of any person within paragraphs (a) to (c), and (e) insurance companies who pay annuities purchased with sums or assets held for the purposes of registered pension schemes. (5A) Regulations under this section may make different provision for different cases. (6) “Prescribed”, in relation to regulations, means prescribed by the regulations; and “relevant non-UK scheme” has the meaning given by paragraph 1 of Schedule 34.

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252 Notices requiring documents or particulars

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253 Appeal against notices

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