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Finance Act 2008

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This is the original version (as it was originally enacted).

Employer contributions under exempt approved schemes

17(1)This paragraph applies in relation to section 592 of ICTA (which before its repeal made provision about exempt approved pension schemes), where that section had effect as amended by the 2004 Order.

(2)Section 592 is to be treated as having had effect as if after subsection (4) (as substituted by the 2004 Order) there had been inserted—

(4A)No sums other than contributions made by the employer to the pension scheme in respect of an individual—

(a)are deductible in computing the amount of the profits of the employer for the purposes of Part 2 of ITTOIA 2005 or Case I or II of Schedule D,

(b)are expenses of management for the purposes of section 75, or

(c)are to be brought into account at Step 1 in section 76(7),

in connection with the cost of providing benefits under the pension scheme.

(3)But the words “Part 2 of ITTOIA 2005 or” in subsection (4A)(a) are to be treated as having had effect only in relation to times in relation to which (by virtue of paragraph 253(3) of Schedule 1 to ITTOIA 2005) they had effect in section 592(4)(a).

(4)In this paragraph “the 2004 Order” means the Finance Act 2004, Sections 38 to 45 and Schedule 6 (Consequential Amendment of Enactments No. 2) Order 2004 (S.I. 2004/3269).

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