Part 4Pension schemes etc
Chapter 6Schemes that are not registered pension schemes
F1Non-UK schemes: the overseas transfer charge
244NDischarge of liability of scheme administrator or manager
(1)
In this section “operator” means—
(a)
the scheme administrator of a registered pension scheme, or
(b)
the scheme manager of a QROPS or former QROPS.
(2)
If an operator is liable under section 244J, the operator may apply to an officer of Revenue and Customs for the discharge of the operator's liability on the following ground.
(3)
The ground is that—
(a)
the operator reasonably believed that there was no liability to the overseas transfer charge on the transfer concerned, and
(b)
in all the circumstances of the case, it would not be just and reasonable for the operator to be liable to the charge on the transfer.
(4)
On receiving an application under subsection (2), an officer of Revenue and Customs must decide whether to discharge the operator's liability.
(5)
An officer of Revenue and Customs must notify the operator of the decision on the application.
(6)
The discharge of the operator's liability does not affect the liability of any other person to overseas transfer charge on the transfer concerned.
(7)
The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision supplementing this section, including provision for time limits for making an application under this section.