Finance Act 2004

[F1 246A Case where no relief for provision by an employer U.K.

(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 [F2 or Part 3 of CTA 2009 (trading income)],

(b) their being expenses of management of the employer for the purposes of [F3 Chapter 2 of Part 16 of CTA 2009] (expenses of management: companies with investment business), or

(c) their being [F4 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).]

Textual Amendments

F1 S. 246A inserted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 40, 64(1)

F2 Words in s. 246A(4)(a) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 579(a) (with Sch. 2 Pts. 1, 2)

F3 Words in s. 246A(4)(b) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 579(b) (with Sch. 2 Pts. 1, 2)

F4 Words in s. 246A(4)(c) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 121