SCHEDULES

SCHEDULE 21Taxable property held by investment-regulated pension schemes

14

1

Schedule 34 (non-UK schemes: application of certain charges) is amended as follows.

2

In paragraph 1 (member payment charges)—

a

in sub-paragraph (3)(a), after “charge” insert “ (except as imposed by virtue of section 174A (taxable property held by investment-regulated pension schemes)) ”, and

b

in sub-paragraph (4), after “Part” insert “ (apart from the taxable property provisions) ”.

3

After paragraph 7 insert—

Unauthorised payment charge: taxable property

7A

1

The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision for a transfer member of a relevant non-UK scheme to be liable to the unauthorised payment charge in the same or similar circumstances to those in which—

a

a member of a registered pension scheme is liable to that charge by virtue of section 174A and Schedule 29A (taxable property held by investment-regulated pension scheme),

b

the scheme administrator of such a scheme is liable to the scheme sanction charge by virtue of section 185A (income from taxable property) or 185F (gains from taxable property), or

c

a member of such a scheme is liable to the scheme sanction charge by virtue of those provisions in consequence of provision made by regulations under section 273ZA.

2

The regulations may—

a

make provision for the application of any or all of the taxable property provisions in relation to a transfer member of a relevant non-UK scheme subject to any omissions, additions and other modifications contained in the regulations,

b

include provision having effect in relation to times before they are made,

c

contain transitional provisions and savings, and

d

make different provision for different cases.