Chwilio Deddfwriaeth

Finance Act 2004

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Paragraph 41

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/01/2011.

Changes to legislation:

There are currently no known outstanding effects for the Finance Act 2004, Paragraph 41. Help about Changes to Legislation

[F141(1)This paragraph applies for determining—U.K.

(a)whether the amount of an unauthorised payment treated as made by an investment-regulated pension scheme under section 174A consists of the whole of the total taxable amount in relation to the payment, and

(b)if not, how much of the total taxable amount comprises the amount of the unauthorised payment.

(2)The pension scheme is treated as making an unauthorised payment equal to the whole of the total taxable amount where Condition A, B or C is met.

(3)Condition A is that the pension scheme directly holds the interest in the taxable property which gives rise to the unauthorised payment.

(4)Condition B is that—

(a)the pension scheme holds the interest in the property indirectly through one vehicle, and

(b)that vehicle is wholly owned by the pension scheme.

(5)Condition C is that—

(a)the pension scheme holds the interest in the property indirectly through more than one vehicle (a “chain” of vehicles), and

(b)each vehicle in the chain is wholly owned by another vehicle in the chain or by the pension scheme.

(6)Where—

(a)the pension scheme holds the interest in the property indirectly through one vehicle, and

(b)the vehicle is not wholly owned by the pension scheme,

the amount of the unauthorised payment is a proportion of the total taxable amount determined by reference to the extent of the pension scheme's interest in the vehicle.

(7)Where—

(a)the pension scheme holds the interest in the property indirectly through one or more chains of vehicles, and

(b)one or more vehicles in such a chain is not wholly owned by another vehicle in the chain or by the pension scheme,

the amount of the unauthorised payment is the amount or the total of all the amounts found under sub-paragraph (8) for each chain through which the pension scheme owns the interest in the property.

(8)The amount is a proportion of the total taxable amount determined by reference to the extent of the interest held directly by the pension scheme or another vehicle in the chain in each vehicle in the chain—

(a)starting with the vehicle which holds the interest in the property directly, and

(b)ending with the vehicle in which the pension scheme directly holds an interest.

(9)For the purposes of this paragraph a vehicle is wholly owned by a person if no other person directly holds an interest in the vehicle.

(10)This paragraph is subject to paragraph 44.]

Textual Amendments

F1Sch. 29A inserted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), s. 158(2), Sch. 21 para. 13

Yn ôl i’r brig

Options/Cymorth