The Pension Schemes (Information Requirements – Repayment of Overseas Transfer Charge) Regulations 2019

Processing of claim

4.—(1) Where the claimant has not provided all the information required, an officer of HMRC must, by notice in writing—

(a) require the claimant to provide the outstanding information, and

(b) inform the claimant that the claim will not be processed until that information has been provided.

(2) Paragraph (3) applies where the claimant has provided all the information required and, on the basis of that information, had those circumstances existed at the time of the transfer—

(a) the charge would have been excluded by sections 244B to 244F or under section 244H(1), or

(b) the charge would not have been excluded by sections 244B to 244F or under section 244H.

(3) An officer of HMRC must, by notice in writing—

(a) where paragraph (2)(a) applies, issue a repayment reference number to the claimant, or

(b) where paragraph (2)(b) applies, inform the claimant of the reasons why the charge is not repayable.

(4) Where a repayment reference number is issued and the claimant is the scheme administrator, they must make an amended return under section 254(2), citing the repayment reference number.

(1)

Sections 244B to 244F and 244H were inserted by section 10 of, and paragraph 11 of Schedule 4 to, FA 2017.

(2)

Section 254 was amended by section 66 of, and Schedule 17 to, the Finance Act 2011 (c. 10) and section 10 of, and Schedule 4 to, FA 2017.