Non-approved schemes: application for relief where no benefits paid or payable
Section 392 ITEPA 2003
Repayment of tax may be made in some circumstances if an employee does not receive benefits from a non-approved retirement benefits scheme. If an employee has been charged under Section 386 ITEPA 2003 or Section 595 ICTA 1988 on employer contributions made to provide relevant benefits (following EIM15412) and the employee shows that:
- some event has subsequently occurred by reason of which no relevant benefits will become payable (for example, the scheme folds) and
- no payment has been received by the employee in respect of or in substitution for those benefits
then relief may be claimed.
‘Employee’ for this purpose includes a person who has been an employee and benefits are provided in respect of benefits if they are provided for the employee’s spouse, widow or widower, children, dependants or personal representatives (Section 386(6) ITEPA 2003).
Application for repayment must be made by the employee or by the employee’s personal representatives within six years of the date on which the event occurred. Relief is given by discharge or repayment of the tax paid.
Note: this relief does not apply if the reason no benefits will be paid, or the event, is concerned with a reduction of an employee’s rights as a consequence of a pension-sharing order (Section 392(6) to (7) ITEPA 2003.
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