SCHEDULES

SCHEDULE 13Employer asset-backed pension contributions etc

PART 4Transitional provision relating to Part 3

Adjustments

29

1

For the purposes of paragraphs 30 and 31—

a

amount A is the total amount of relief given in respect of E's contribution,

b

amount B is the total of the following amounts—

i

any amounts of income which are charged to tax by virtue of a relevant provision,

ii

any amounts brought into account in calculating income for tax purposes by virtue of a relevant provision (so far as not reflected in sub-paragraph (i)), and

iii

any amounts stopped from being the subject of an income deduction by virtue of a relevant provision (so far as not reflected in sub-paragraph (i) or (ii)), and

c

subject to sub-paragraph (9), amount C is the amount of the payment mentioned in sub-paragraph (6) or (8) (as the case may be) so far as the payment—

i

is made under the asset-backed arrangement on the completion day,

ii

is not reflected in amount B,

iii

is not the subject of an income deduction, and

iv

is not a contribution paid by E under the relevant scheme but nevertheless becomes (directly or indirectly) part of the sums held for the purposes of the relevant scheme.

2

In sub-paragraph (1)(b) “relevant provision” means—

a

paragraph 23, 24 or 25 above (as the case may be);

b

a relevant charging provision (as defined in paragraph 26 above) as applied in relation to the asset-backed arrangement for amounts arising on or before the completion day;

c

paragraph 27 above (if applicable).

3

No amount is to be included in amount B by virtue of sub-paragraph (2)(c) so far as it is reflected in an amount included in amount B by virtue of sub-paragraph (2)(a) or (b).

4

In sub-paragraph (1) “income deduction” means a deduction to which any person is entitled—

a

in calculating income for tax purposes, or

b

from total income or total profits.

5

Sub-paragraph (6) applies if the section which would have applied as mentioned in paragraph 18(1)(d) above is section 196B of FA 2004.

6

The payment referred to in sub-paragraph (1)(c) is the payment (if any) which the borrower, or a person connected with the borrower, makes to the lender, or a person connected with the lender, in order to acquire—

a

the security, or

b

any asset substituted for the security under the asset-backed arrangement.

7

Sub-paragraph (8) applies if the section which would have applied as mentioned in paragraph 18(1)(d) above is section 196D or 196F of FA 2004.

8

The payment referred to in sub-paragraph (1)(c) is the payment (if any) which E, or a person connected with E, makes to the lender, or a person connected with the lender, in order to reverse the relevant change in relation to the partnership.

9

Amount C is to be taken to be nil if—

a

on or before the completion day, a commitment (whether or not legally enforceable and whether or not subject to any conditions) is given (directly or indirectly) to a relevant person, and

b

the commitment—

i

is a commitment to secure that a person receives money or another asset, and

ii

is linked (directly or indirectly) to the making of the payment covered by amount C.

10

In sub-paragraph (9)(a) “relevant person” means—

a

E;

b

a person connected with E;

c

a person acting (directly or indirectly) at the direction or request, or with the agreement, of E or a person connected with E;

d

a person chosen (directly or indirectly) by E or a person connected with E;

e

a person within a class of person chosen (directly or indirectly) by E or a person connected with E;

f

a partnership.

11

But “relevant person” does not include—

a

the persons who from time to time are the trustees of the relevant scheme, or

b

the persons who from time to time are the persons controlling the management of the relevant scheme,

in their capacity as such.