Income Tax (Earnings and Pensions) Act 2003 (c. 1)

Part 6 U.K. Employment income: income which is not earnings or share-related

Chapter 1 U.K. Payments to non-approved pension schemes

392 Relief where no benefits are paid or payable U.K.

(1) An application for relief may be made to [F1 an officer of Revenue and Customs] 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 [F1 an officer of Revenue and Customs] [F2 is satisfied] that the conditions in subsection (1) are met in relation to the whole sum, [F3 the officer] must give relief in respect of tax on it by repayment or otherwise as appropriate, unless subsection (6) applies.

(5) If [F1 an officer of Revenue and Customs] [F4 is satisfied] that the conditions in subsection (1) are met in relation to part of the sum, [F3 the officer] 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).

Textual Amendments

F1 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F2 Words in s. 392(4) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 113; S.I. 2005/1126, art. 2(2)(h)

F3 Words in s. 392(4)(5) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(h); S.I. 2005/1126, art. 2(2)(h)

F4 Words in s. 392(5) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 113; S.I. 2005/1126, art. 2(2)(h)