C1C2C3C4C5C6C7C8C9Part 4Pension schemes etc
Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 9, 10
Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 12
Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 13(5)
Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 26
Pt. 4 modified (31.12.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 3 para. 7; S.I. 2007/3203, art. 3(b)
Pt. 4 modified (1.7.2008) (N.I.) (with effect in accordance with reg. 1 of the amending Rule) by The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008/256), regs. 1, 124(1) (with regs. 134, 258)
Pt. 4 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), reg. 5A (as inserted (6.4.2006) by S.I. 2008/2990, arts. 1(1), 3)
Pt. 4 applied (21.7.2009) by Finance Act 2009 (c. 10), Sch. 35 para. 18
C9Chapter 5Registered pension schemes: tax charges
Unauthorised payments charge
I1208Unauthorised payments charge
1
A charge to income tax, to be known as the unauthorised payments charge, arises where an unauthorised payment is made by a registered pension scheme.
2
The person liable to the charge—
a
in the case of an unauthorised member payment F1made to or in respect of a person before the person's death, is the person,
b
in the case of an unauthorised member payment made F2in respect of a person after the person's death, is the recipient, and
c
in the case of an unauthorised employer payment, is the F3person to or in respect of whom the payment is made.
3
If more than one person is liable to the unauthorised payments charge in respect of an unauthorised payment, those persons are jointly and severally liable to the charge in respect of the payment.
4
A person is liable to the unauthorised payments charge whether or not—
a
that person,
b
any other person who is liable to the unauthorised payments charge, and
c
the scheme administrator,
are resident, ordinarily resident or domiciled in the United Kingdom.
5
The rate of the charge is 40% in respect of the unauthorised payment.
F46
The Treasury may by order amend subsection (5) so as to vary the rate of the unauthorised payments charge.
6A
An order under subsection (6) may make provision for there to be different rates in different circumstances.
7
An unauthorised payment may also be subject to—
a
the unauthorised payments surcharge under section 209, and
b
the scheme sanction charge under section 239.
8
An unauthorised payment is not to be treated as income for any purpose of the Tax Acts.
Pt. 4 modified (N.I.) (1.4.2006) by The Firemens Pension Scheme Order (Northern Ireland) 2006 (S.R. 2006/210), arts. 1(2), 103