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Income Tax (Earnings and Pensions) Act 2003

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Changes over time for: Section 392

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Version Superseded: 18/04/2005

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Status:

Point in time view as at 13/06/2003. This version of this provision has been superseded. Help about Status

Changes to legislation:

Income Tax (Earnings and Pensions) Act 2003, Section 392 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

392Relief where no benefits are paid or payableU.K.

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(1)An application for relief may be made to the Inland Revenue if—

(a)a sum is charged to tax by virtue of section 386 in respect of the provision of any benefits,

(b)no payment in respect of, or in substitution for, the benefits has been made, and

(c)an event occurs by reason of which no such payment will be made.

(2)The application must be made within 6 years from the time when the event occurs.

(3)The application must be made by the employee or, if the employee has died, the employee’s personal representatives.

(4)If the Inland Revenue are satisfied that the conditions in subsection (1) are met in relation to the whole sum, they must give relief in respect of tax on it by repayment or otherwise as appropriate, unless subsection (6) applies.

(5)If the Inland Revenue are satisfied that the conditions in subsection (1) are met in relation to part of the sum, they may give such relief in respect of tax on it as is just and reasonable, unless subsection (6) applies.

(6)This subsection applies if—

(a)the reason why no payment has been made in respect of, or in substitution for, the benefits, or

(b)the event by reason of which there will be no such payment,

is a reduction or cancellation of the employee’s rights in respect of the benefits, or part of the benefits, as a consequence of a pension sharing order or provision.

(7)In subsection (6) “pension sharing order or provision” means any such order or provision as is mentioned in—

(a)section 28(1) of WRPA 1999 (rights under pension sharing arrangements), or

(b)Article 25(1) of WRP(NI)O 1999 (provision for Northern Ireland corresponding to section 28(1) of WRPA 1999).

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