SCHEDULES

SCHEDULE 4Pensions: offshore transfers

Part 2Income tax on pension transfers: overseas transfer charge

Other amendments

21

1

In regulation 3(1) of the Registered Pension Schemes (Accounting and Assessment) Regulations 2005 (S.I. 2005/3454), in Table 1, at the end insert—

Charge under section 244A (overseas transfer charge).

1

The name, date of birth and national insurance number of each individual in whose case a transfer results in the scheme administrator becoming liable to the overseas transfer charge.

2

The date, and transferred value, of each transfer.

3

The reference number of the qualifying recognised overseas pension scheme to which each transfer is made.

4

The amount of tax due in respect of each transfer.

2

In those Regulations, after regulation 13 insert—

Claims for repayments of overseas transfer charge14

1

This regulation applies where the scheme administrator of a registered pension scheme becomes aware that the scheme administrator may be entitled to a repayment under section 244M of the Act in respect of overseas transfer charge on a transfer.

2

The scheme administrator must, no later than 60 days after the date on which the scheme administrator becomes aware of that, make a claim for the repayment to the Commissioners for Her Majesty's Revenue and Customs.

3

The claim must provide the following information—

a

the member's name, date of birth and principal residential address,

b

the date of the transfer and, if different, the date of the event triggering payability of the charge on the transfer,

c

the date on which the scheme manager accounted for the charge on the transfer,

d

why the charge on the transfer has become repayable, and

e

the amount in respect of which the claim is made.

4

In a case where the 60 days mentioned in paragraph (2) ends with a day earlier than 14 November 2017, paragraph (2) is to be treated as requiring the claim to be made no later than 14 November 2017.

3

The amendment made by sub-paragraph (1) is to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs under the applicable powers to make regulations conferred by section 254 of FA 2004.

4

The amendment made by sub-paragraph (2) is to be treated as having been made by the Commissioners for Her Majesty's Revenue and Customs under the powers to make regulations conferred by section 244M(7) of FA 2004.