Modifications etc. (not altering text)
C1Sch. 36 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), art. 23D (as inserted (1.6.2009) by S.I. 2009/1172, arts. 1, 3)
C2Sch. 36 applied (1.6.2018) by The Local Government Pension Scheme (Scotland) Regulations 2018 (S.S.I. 2018/141), regs. 1(1), 48(2)
Textual Amendments
F1Sch. 36 paras. 37A-37I and cross-headings inserted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), s. 158(2), Sch. 21 para. 15
37B(1)Paragraph 37A ceases to apply to an investment-regulated pension scheme and an interest in taxable property on the relevant date if Condition A, B or C is met.U.K.
(2)Condition A is that there is a change in the occupation or use of the property such that, if the change had occurred immediately before 6th April 2006, the pension scheme would have been prohibited from holding the interest in the property at that time.
(3)Condition B is that—
(a)the taxable property is residential property on 6th April 2006, and
(b)improvement works on the property are begun on or after that date.
(4)Condition C is that there is a change in the pension scheme's interest in—
(a)any person who holds the interest in the property directly, or
(b)any person who has entered into a contract to acquire the interest in the property,
such that, if the change had occurred immediately before 6th April 2006, the pension scheme would have been prohibited from holding the interest in the person at that time.
(5)For the purposes of this paragraph the relevant date is—
(a)where Condition A is met, the date on which the change in the occupation or use of the taxable property takes place,
(b)where Condition B is met, the date on which the improvement works are substantially completed, or
(c)where Condition C is met, the date on which the change in the pension scheme's interest in the person takes place,
but where the pension scheme has not acquired the interest in the property by what would otherwise be the relevant date, the relevant date is the date on which it acquires the interest.
(6)Where Condition A, B or C is met the pension scheme is to be treated for the purposes of the taxable property provisions as acquiring the interest in the property on the relevant date.
(7)For the purposes of Schedule 29A the total taxable amount in relation to any unauthorised payment which the pension scheme is treated as having made by reason of the acquisition is—
(a)the market value on the relevant date of the interest in the property held by the person who holds it directly, or
(b)if the interest in the property is a lease at a rent, the amount of consideration that would be treated as given by the person for the lease by virtue of paragraph 34 of Schedule 29A if it were assigned to the person on that date.
(8)Where—
(a)the pension scheme holds the interest in the property directly, and
(b)the interest is not a lease at a rent,
for the purposes of section 185G (gains from taxable property: disposal by person holding directly) the pension scheme is to be treated as having acquired the interest for a consideration equal to its market value on 6th April 2006.
(9)For the purposes of sub-paragraph (3)(b) improvement works are to be taken to have been begun before 6th April 2006 only if—
(a)a binding contract for the works was entered into before that date, or
(b)a substantial amount of the works has been carried out before that date.
(10)For the purposes of this Schedule “improvement works” means, in relation to a property, works which—
(a)materially improve the property, and
(b)are not carried out wholly for the purposes of complying with a statutory requirement or a requirement imposed by a government department, a statutory body or a person holding a statutory office.
(11)For the purposes of sub-paragraph (10)(a) a property is materially improved by works only if—
(a)its market value on the date the works are substantially completed (“MVW”) exceeds what would have been its market value on that date if the works had not been carried out (“MV”), and
(b)the amount by which MVW exceeds MV is greater than 20% of MV.
(12)For the purposes of sub-paragraph (10)(b)—
“statutory body” means a body set up by or under an enactment (including an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament);
“statutory office” means a body set up by or under such an enactment; and
“statutory requirement” means a requirement imposed by provision made by or under such an enactment.
(13)This paragraph is subject to paragraph 37D.]