C3C9C10C7C6C1C5C4C2C8Part 4Pension schemes etc

Annotations:
Modifications etc. (not altering text)
C5

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)

C2

Pt. 4 applied (21.7.2009) by Finance Act 2009 (c. 10), Sch. 35 para. 18

C8

Pt. 4 modified (19.7.2011) by Finance Act 2011 (c. 11), Sch. 18 para. 14(3)

C2C8Chapter 5Registered pension schemes: tax charges

Annual allowance charge

237DF1Discharge of scheme administrator's liability

1

If the scheme administrator of a pension scheme is liable under section 237B, the scheme administrator may apply to an officer of Revenue and Customs for the discharge of the scheme administrator's liability on either of the following grounds.

2

The grounds are—

a

that paying the amount to which the scheme administrator is liable would be to the substantial detriment of the interests of the members of the pension scheme, and

b

that in all the circumstances of the case it would not be just and reasonable for the scheme administrator to be liable to that amount.

3

On receiving an application under subsection (1), an officer of Revenue and Customs must decide whether to discharge the scheme administrator's liability.

4

An officer of Revenue and Customs must notify the scheme administrator of the decision on the application.

5

The discharge of the scheme administrator's liability does not affect the liability of any other person in respect of the same amount.

6

The Treasury may by regulations amend this section so as to alter the grounds on which an application under subsection (1) may be made.

7

Regulations made by the Commissioners for Her Majesty's Revenue and Customs may make provision supplementing this section; and the regulations may in particular make provision as to the time limits for the making of an application.