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The Pensions Schemes (Taxable Property Provisions) Regulations 2006

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Application of paragraph 8 of Schedule 17A to the Finance Act 2003

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8.—(1) Paragraph 8(1) and (2) of Schedule 17A to the Finance Act 2003 (adjustment where rent ceases to be uncertain) shall apply for the purposes of paragraph 34(2) of Schedule 29A, for determining the amount of rent payable, with the following modifications.

(2) If the result of the recalculation as at the date referred to in paragraph 8(1)(a) or (b) of Schedule 17A is that the rent paid or payable in respect of the first five years of the term is greater than the rent originally calculated, an investment-regulated pension scheme is to be treated as making an unauthorised payment within section 174A(1) to a member of the scheme, based on the difference between the two calculations.

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