International: UK tax charges on non UK schemes: the member payment charges and taxable property charges: the taxable property unauthorised payment charge
Nature of taxable property unauthorised payment charge
Paragraph 7A Schedule 34 Finance Act 2004
Regulations 4A to 4D The Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 - SI 2006/207
A transfer member of a relevant non-UK scheme (see PTM113210) that is the equivalent of an investment-regulated scheme (see PTM125100) will be liable to the unauthorised payment charge if their scheme funds are invested in taxable property. This taxable property unauthorised payment charge arises in the same or similar circumstances in which:
- the scheme acquires an interest in taxable property,
- the scheme holds an interest in taxable property which is improved, or
- the scheme holds an interest in property which is converted or adapted to become a residential property.
b. the scheme administrator of a registered pension scheme is liable to the scheme sanction charge on income or gains from taxable property by virtue of section 185A or 185F Finance Act 2004 (see PTM125300 and PTM125400).
c. a member of a registered pension scheme is liable to the scheme sanction charge that would normally arise from income or gains taxable under section 185A or 185F Finance Act 2004 as a consequence of section 273ZA Finance Act 2004.
Regulation 4B provides that where tax arises under sections 185A or 185F Finance Act 2004 due to income and gains from taxable property the ‘payment’ is an unauthorised payment chargeable on the scheme member (rather than a scheme chargeable payment taxable on the scheme administrator).
Broadly, the regulations apply to taxable property unauthorised payment charge to the extent that a payment is referable to a transfer member’s taxable asset transfer fund (see PTM113230). They also provide for the attribution of payments to particular funds under a relevant non-UK scheme (see PTM113240).
Where the scheme’s interest in taxable property is not wholly referable to the transfer member’s taxable asset transfer fund, the amount of the unauthorised payment is proportionately reduced.
Liability to the taxable property unauthorised payments charge arises wherever the individual is resident. Unlike the member payment charges the tax charge is not ‘turned off’ once the individual has been non-resident for more than five full tax years.
Individuals who are liable to the taxable property unauthorised payments charge will need to declare this on their Self Assessment tax return for the tax year in which the charge arises. If a member has not been issued with a notice to file a tax return they are bound by the normal obligation to notify HMRC of their chargeability to UK tax liability.
An individual can still be liable to taxable property unauthorised payments charge if the relevant non-UK scheme concerned loses or gives up QROPS status after the transfer was made.