The Registered Pension Schemes (Relief at Source) Regulations 2005

Annual claims

11.—(1) An annual claim may be made at any time within 6 years after the end of the year of assessment to which it relates.

This is subject to the following qualification.

(2) In relation to any year of assessment in which a scheme administrator has received and not repaid in full any amount on an interim claim, the administrator shall within 6 months after the end of the year of assessment make an annual claim.

(3) An annual claim—

(a) may not be based on an estimate but may only be made to recover an amount deducted in respect of contributions paid in respect of the year of assessment to which it relates, and

(b) must bring into account payments made in respect of that year.

For the purpose of this regulation “aggregate of the interim payments” means the aggregate of payments made (and not repaid) on interim claims.

(4) Where the aggregate of the interim payments shown by an annual claim exceeds the amount deducted for the year of assessment—

(a) the scheme administrator shall repay the amount of the excess to Her Majesty’s Revenue and Customs with the claim; and

(b) if the administrator fails to do so, that amount shall immediately be recoverable by Her Majesty’s Revenue and Customs in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.

(5) If a scheme administrator fails to make an annual claim under paragraph (2) within the time limited by that paragraph, an officer of Revenue and Customs may issue a notice to the scheme administrator showing the aggregate of the interim payments for the year, and stating that they are not satisfied that the amount due to the scheme administrator for the year of assessment exceeds the lower amount stated in the notice.

(6) If an annual claim is not delivered to Her Majesty’s Revenue and Customs within 14 days after the issue of a notice under paragraph (5), the amount of the difference between the aggregate of the interim payments and the amount stated in the notice shall immediately be recoverable by Her Majesty’s Revenue and Customs in the same manner as tax charged by an assessment on the scheme administrator which has become final and conclusive.

(7) If an annual claim has been made and the scheme administrator subsequently discovers that an error or mistake has been made in the claim the scheme administrator may make a supplementary claim within the time limited by paragraph (1).