2010 No. 1187
The Financial Assistance Scheme (Tax) Regulations 2010
Made
Laid before the House of Commons
Coming into force
The Treasury, in exercise of the powers conferred by section 73 of the Finance Act 20091, make the following Regulations:
PART 1Preliminary
Citation, commencement and interpretation1
1
These Regulations may be cited as the Financial Assistance Scheme (Tax) Regulations 2010 and shall come into force on 1st May 2010.
2
In these Regulations, unless otherwise stated, any reference to a numbered regulation is a reference to that regulation of the FAS Regulations.
3
In these Regulations—
“assistance” means—
interim assistance,
non-lump sum assistance,
a lump sum payment under regulation 17D (lump sum payments), and
a payment under regulation 18A (death benefit guarantees) in cases where that payment is in the form of a lump sum;
“the FA 2004” means the Finance Act 20042;
“the FAS” means the financial assistance scheme3;
“the FAS Regulations” means the Financial Assistance Scheme Regulations 20054;
“the FAS scheme manager” means the person appointed by the Secretary of State by regulations under section 286 of the Pensions Act 20045 to manage the FAS;
“interim assistance” means—
“non-lump sum assistance” means—
an annual payment from the FAS under regulation 17 (annual payments),
an ill health payment from the FAS8, and
an annual payment from the FAS under regulation 17C (annual payments for certain applications in cases of severe ill health);
“qualifying member” has the meaning given by regulation 15(1); and
“qualifying pension scheme” has the meaning given in regulation 9.
PART 2Tax reliefs, etc
Transfer of registered pension scheme assets, etc, to the Secretary of State2
Payments to the Secretary of State3
1
This regulation applies where as a result of the transfer of the property, rights and liabilities of a registered pension scheme to the Secretary of State an employer is required to pay a sum to the Secretary of State.
2
Where section 199 of the FA 200411 (deemed contributions) would have applied if the payment had been made to the trustees or managers of the scheme, that section applies in relation to the payment in the same way as it applies in relation to a sum paid to the trustees or managers of a registered pension scheme.
3
Where the payment does not fall within paragraph (2), section 200 of the FA 200412 (no other relief for employers in connection with contributions) applies in relation to it in the same way that section applies in relation to a sum other than a contribution paid in connection with the cost of providing benefits under a registered pension scheme.
Lump sum payments by the Financial Assistance Scheme4
Subsections (1) and (2) of section 636A of the Income Tax (Earnings and Pensions) Act 200313 (exemption for certain lump sums under registered pension schemes) apply to a lump sum payment under regulation 17D and a payment made under regulation 18A in the form of a lump sum as they apply to the lump sums listed in subsection (1).
PART 3Lifetime allowance
Application of relevant lifetime allowance provisions5
1
The relevant lifetime allowance provisions apply in relation to assistance from the FAS as they apply in relation to benefits that are provided under a registered pension scheme.
2
For the purposes of the relevant lifetime allowance provisions, unless the context requires otherwise—
a
a qualifying member is to be treated as if that qualifying member were a member of a registered pension scheme; and
b
the FAS is to be treated as if it were a registered pension scheme and the FAS scheme manager is to be treated as its scheme administrator.
3
Subject to regulations 6 to 11 of these Regulations, the relevant lifetime allowance provisions are—
a
sections 214 to 226 and 263 of the FA 2004 (lifetime allowance charge and penalty in relation to relevant benefit accrual);
b
Part 2 of Schedule 36 to the FA 2004 (lifetime allowance charge transitional provisions);
c
orders made under section 218(3) of the FA 2004 (individual’s lifetime allowance and standard lifetime allowance); and
d
enhanced lifetime allowance regulations.
4
“Enhanced lifetime allowance regulations” has the meaning given by section 256(2) of the FA 2004 (enhanced lifetime allowance regulations).
Amount of charge6
For the purposes of section 215 of the FA 200414 (amount of charge) a payment under regulation 18A in the form of a lump sum is to be treated as if it was a lump sum death benefit.
Benefit crystallisation events and amounts crystallised7
1
In relation to assistance from the FAS, this table sets out—
a
the events which are benefit crystallisation events in relation to the individual; and
b
the amount which is crystallised by each of those events
in place of section 216 of the FA 2004 (lifetime allowance charge – benefit crystallisation events and amounts crystallised).
Benefit crystallisation events | Amount crystallised |
|---|---|
1. Subject to paragraph (3), the individual becoming entitled for the first time to interim assistance in respect of membership of a qualifying pension scheme. | |
2. Subject to paragraphs (3) and (4), the individual becoming entitled for the first time to one of the forms of non-lump sum assistance in respect of membership of a qualifying pension scheme in a case where the individual has not previously become entitled to one of the forms of interim assistance in respect of that scheme. | |
3. The individual becoming entitled for the first time to an annual payment under regulation 17 in respect of membership of a qualifying pension scheme having previously become entitled to an initial payment in respect of that scheme. | Where paragraph (5) applies— Where paragraph (5) does not apply, nil. |
4. The individual becoming entitled for the first time to an ill health payment from the FAS in respect of membership of a qualifying pension scheme having previously become entitled to an interim ill health payment in respect of that scheme. | Where paragraph (6) applies— Where paragraph (6) does not apply, nil. |
5. The individual becoming entitled to a lump sum payment under regulation 17D in respect of membership of a qualifying pension scheme in a case where the individual has not previously become entitled to interim assistance in respect of that scheme. | The amount of the lump sum paid to the individual. |
6. A person becoming entitled to a lump sum in respect of the individual under regulation 18A in respect of the individual’s membership of a qualifying pension scheme. | The amount of the lump sum. |
2
For the purposes of these Regulations, an individual becomes entitled to—
a
assistance from the FAS when that individual first acquires an actual (rather than a prospective) right to receive that assistance and the amount of that assistance has been determined by the FAS scheme manager; and
b
a lump sum under regulation 17D immediately before the individual becomes entitled to the non-lump sum assistance to which the lump sum relates.
3
The individual becoming entitled to interim assistance, an annual payment under regulation 17 or an ill health payment from the FAS in respect of membership of a qualifying pension scheme does not result in a benefit crystallisation event where that entitlement is solely as a result of the transfer to the Secretary of State of property, rights and liabilities which represent the rights to which the individual had, prior to the transfer, become entitled in respect of a scheme pension under that scheme.
4
The individual becoming entitled to an annual payment under regulation 17 or an ill health payment from the FAS does not result in a benefit crystallisation event where the individual had previously become entitled to—
a
an initial payment or an interim ill health payment, as the case may be, from the FAS prior to the coming into force of these Regulations; or
b
a payment under regulation 17H (payments to qualifying members receiving a pension from the qualifying pension scheme before entitlement to an annual payment or ill health payment).
5
6
7
In this regulation—
“BCE 1” is the amount crystallised at the first benefit crystallisation event in the table in paragraph (1) following the individual becoming entitled to the relevant interim assistance;
“P” is the value of the assistance which will be payable to the individual in the period of 12 months beginning with the day on which the individual becomes entitled to assistance (assuming assistance remains payable throughout that period at the rate at which it is payable on that day);
“P17” is the value of the assistance which would have been payable to the individual in the period of 12 months beginning with the day on which the individual became entitled to an initial payment if—
the individual had become entitled to assistance in the form of an annual payment under regulation 17 on that day,
that assistance had remained payable throughout that period at the rate at which it would have been payable on that day, and
the individual had chosen not to commute any of that assistance for a lump sum;
“P17A” is the value of the assistance which would have been payable to the individual in the period of 12 months beginning with the day on which the individual became entitled to an interim ill health payment if—
the individual had become entitled to assistance in the form of an ill health payment on that day,
that assistance had remained payable throughout that period at the rate at which it would have been payable on that day, and
the individual had chosen not to commute any of that assistance for a lump sum; and
“RPSBCE” is the amount, if any, crystallised by the second or fifth benefit crystallisation event, as the case may be, under section 216 of the FA 2004 in respect of rights under the registered pension scheme of which the individual was a member prior to the transfer of the property, rights and liabilities which represent those rights to the Secretary of State.
Persons liable to charge8
Section 217 of the FA 2004 (persons liable to charge) applies as if—
a
in subsection (1), the words after “individual” were omitted; and
b
in subsections (2), (3) and (4), the references to a “relevant lump sum death benefit” were references to a payment under regulation 18A in the form of a lump sum.
Availability of individual’s lifetime allowance9
1
Section 219(6) of the FA 200415 (availability of individual’s lifetime allowance) applies as if after the words in brackets there appeared “and regulation 7(2)(b) of the Financial Assistance Scheme (Tax) Regulations 2010”.
2
A payment under regulation 18A in the form of a lump sum is to be treated as the payment of a lump sum death benefit for the purposes of section 219(7) of the FA 2004.
Transitional provisions: Part 2 of Schedule 36 to the FA 200410
For the purposes of paragraph 12(2)(b) of Schedule 36 to the FA 2004 (enhanced protection), a transfer of the property, rights and liabilities of a registered pension scheme to the Secretary of State is to be treated as a permitted transfer.
Information and penalties11
1
Subject to regulation 12(2) of these Regulations, the Registered Pension Schemes (Provision of Information) Regulations 200616 do not apply in relation to the FAS.
2
Sections 261 and 262 of the FA 2004 (enhanced lifetime allowance regulations: documents and information – penalties) apply to the reporting obligation in regulation 13 of these Regulations as if it was imposed by enhanced lifetime allowance regulations.
3
Section 98 of the Taxes Management Act 197017 (special returns, etc: penalties) applies to the reporting obligations in regulations 14 to 18 of these Regulations as if they were listed in the second column of the Table in that section.
Percentage of standard lifetime allowance expended on the happening of a benefit crystallisation event12
1
The percentage of standard lifetime allowance18 expended on the happening of each benefit crystallisation event for the purposes of these Regulations is found by applying the formula—
where—
“AC” is the amount crystallised by the benefit crystallisation event; and
“RSLA” is the relevant standard lifetime allowance at the time of that event.
2
The total percentage of standard lifetime allowance expended in relation to a qualifying member is the sum of—
a
the percentages found in accordance with this regulation in respect of that member; and
b
the percentages found in accordance with regulation 7 of the Registered Pension Schemes (Provision of Information) Regulations 2006 (percentage of standard lifetime allowance expended on the happening of a registered pension scheme benefit crystallisation event) in respect of that member.
Information provided by qualifying members to the FAS scheme manager about enhanced lifetime allowance13
If a qualifying member intends to rely on entitlement to an enhanced lifetime allowance, or to enhanced protection, the qualifying member must notify the FAS scheme manager of the reference number issued by the Commissioners for Her Majesty’s Revenue and Customs under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 200619 in respect of that entitlement.
Information provided by the FAS scheme manager to qualifying members about liability for a lifetime allowance charge14
If assistance other than a payment under regulation 18A in the form of a lump sum results in a lifetime allowance charge, within three months of the benefit crystallisation event the FAS scheme manager must provide the qualifying member with a notice stating—
a
the chargeable amount in respect of the benefit crystallisation event;
b
how that chargeable amount has been calculated; and
c
the amount of the resulting charge to tax.
Information provided by the FAS scheme manager to qualifying members about benefit crystallisation events15
1
The FAS scheme manager must provide a statement containing the information in paragraph (2) to each qualifying member—
a
who has become entitled to receive assistance, at least once in each tax year; or
b
in respect of whom a benefit crystallisation event has occurred, within three months of that event,
or, if the member has died, the FAS scheme manager must provide the statement to the member’s personal representatives.
2
The information is the percentage of standard lifetime allowance expended in relation to the member by—
a
benefit crystallisation events in respect of the FAS; and
b
benefit crystallisation events under section 216 of the FA 2004 prior to the transfer to the Secretary of State mentioned in regulation 2 of these Regulations except for a benefit crystallisation event which relates to a liability or pension obligation which is not discharged under section 161 of the Pensions Act 2004 as modified by paragraph 3D of Schedule 1 to the FAS Regulations 2005.
3
No obligation to provide a statement under paragraph (1)(b) arises if a statement is required to be provided under sub-paragraph (a) of that paragraph or under regulation 16(1)(a) of these Regulations.
4
For the purposes of paragraph (1)(a), a qualifying member becomes entitled to receive assistance in the circumstances set out in regulation 7(2) of these Regulations.
Information provided by the FAS scheme manager to personal representatives16
1
The FAS scheme manager must notify to the personal representatives of a deceased qualifying member—
a
the percentage of standard lifetime allowance expended by, and the amount and the date of payment of, a payment in the form of a lump sum under regulation 18A in relation to the member; and
b
the total percentage of standard lifetime allowance expended in relation to the member, at the date of the notification, by—
i
benefit crystallisation events in respect of the FAS; and
ii
benefit crystallisation events under section 216 of the FA 2004 prior to the transfer to the Secretary of State mentioned in regulation 2 of these Regulations except for a benefit crystallisation event which relates to a liability or pension obligation which is not discharged under section 161 of the Pensions Act 2004 as modified by paragraph 3D of Schedule 1 to the FAS Regulations 2005,
but excluding from that percentage any amount covered by paragraph (a).
2
The information required by paragraph (1)(a) must be provided no later than the last day of the period of three months beginning with the day on which the assistance payment is made.
3
The information required by paragraph (1)(b) must be provided no later than the last day of the period of two months beginning with the day on which a request for it is received from the member’s personal representatives.
Information provided by the FAS scheme manager to Her Majesty’s Revenue and Customs17
1
If assistance results in a lifetime allowance charge or would have done but for the qualifying member’s entitlement to an enhanced lifetime allowance, or to enhanced protection, within three months of the benefit crystallisation event the FAS scheme manager must provide a report to Her Majesty’s Revenue and Customs setting out—
a
the name, date of birth, address and national insurance number of the member;
b
the date of the relevant benefit crystallisation event;
c
the amount crystallised by the event;
d
if the member has benefited from an enhanced lifetime allowance or enhanced protection, the reference number issued under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 in respect of that entitlement; and
e
in cases where the member is liable to a lifetime allowance charge, the amount of tax due in respect of each chargeable amount as constitutes a lump sum amount and each chargeable amount as constitutes a retained amount20.
2
For the purposes of paragraph (1)(e), a chargeable amount that constitutes a retained amount includes cases where it is assumed under regulation 7 of these Regulations that the member has not chosen to commute any portion of non-lump sum assistance for a lump sum.
Information provided by personal representatives to Her Majesty’s Revenue and Customs18
1
Where—
a
a payment in the form of a lump sum is made in respect of a deceased qualifying member under regulation 18A; and
b
that payment, of itself or together with any other such payment or any relevant lump sum death benefit paid by a registered pension scheme in respect of the individual, results in a lifetime allowance charge,
the personal representatives of the member shall provide to Her Majesty’s Revenue and Customs the information specified in paragraph (2).
2
The information is—
a
a statement that a payment in the form of a lump sum has been paid by the FAS under regulation 18A;
b
the name of any registered pension scheme from which, and the name and address of the scheme administrator by whom, the benefits were paid;
c
the name of the deceased member in respect of whom the benefits were paid;
d
the amount and date of the payment by the FAS;
e
the amount and date of the payment of any benefits by a registered pension scheme; and
f
the chargeable amount in respect of which a lifetime allowance charge is payable by virtue of the payments.
3
The information required shall be provided on or before the later of—
a
the end of the period of 13 months beginning with the death of the member; or
b
the end of the period of 30 days beginning with the date on which the personal representatives (or any of them) became aware that paragraph (1) applied to the deceased member.
4
Where a requirement to provide information under this regulation arises after the period specified in paragraph (3) has expired, the information shall be provided no later than the last day of the period of 30 months beginning with the death of the member.
5
If the personal representatives discover after the latest date for providing information under paragraph (4) any information required to be provided under paragraph (1), that information shall be provided no later than the last day of the period of 3 months beginning with the discovery of that information.
6
Where personal representatives are required to provide information under this regulation by virtue of a payment or payments in the form of a lump sum being made under regulation 18A in respect of the deceased member along with the payment of one or more relevant lump sum death benefits under Part 4 of the FA 2004 in respect of the deceased member, regulation 10 of the Registered Pension Schemes (Provision of Information) Regulations 2006 does not apply in relation to the payment or payments under Part 4 of the FA 2004.
PART 4Miscellaneous
Transitional provisions: lump sums19
For the purposes of—
a
paragraph 2 of Schedule 29 to the FA 2004 as modified by paragraph 28(3) of Schedule 36 to that Act; and
b
regulation 25D of the Taxation of Pension Schemes (Transitional Provisions) Order 200621,
the reference to a pension commencement lump sum in the definition of “APCLS” in paragraph 2(6) of Schedule 29 shall be taken to include a lump sum under regulation 17D.
(This note is not part of the Regulations)