🔆 📖 👤

Statutory Instruments

2006 No. 136

INCOME TAX

The Pension Benefits (Insurance Company Liable as Scheme Administrator) Regulations 2006

Made

25th January 2006

Laid before the House of Commons

26th January 2006

Coming into force

6th April 2006

The Commissioners for Her Majesty’s Revenue and Customs, in exercise of the powers conferred by section 273A(1) and (2) of the Finance Act 2004( 1 ), and now exercisable by them( 2 ), make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Pension Benefits (Insurance Company Liable as Scheme Administrator) Regulations 2006 and shall come into force on 6th April 2006.

Insurance company liable as scheme administrator

2. —(1) This regulation applies where an insurance company makes a payment of—

(a) a pension protection lump sum death benefit,

(b) an annuity protection lump sum death benefit, or

(c) an unsecured pension fund lump sum death benefit.

(2) The insurance company is to be treated as the scheme administrator for the purposes of the operation of section 206 (special lump sum death benefits charge) in relation to the lump sum death benefit.

(3) The insurance company is responsible for the discharge of the obligations imposed on the scheme administrator under subsections (1) to (7) of section 254 (accounting for tax by scheme administrators).

(4) The insurance company is liable to the penalties under—

(a) section 260(1) (accounting return) if it fails to comply with the obligations imposed by section 254(1) to (7) as applied to it by virtue of paragraph (2); and

(b) section 260(6) if it fraudulently or negligently makes an incorrect return under section 254(1) to (7) as so applied.

Paul Gray

Mike Eland

Two of the Commissioners for Her Majesty’s Revenue and Customs

25th January 2006

( 1 )

2004 c. 12 . Section 273 A was inserted by paragraph 49(1) of Schedule 10 to the Finance Act 2005 (c. 7) .

( 2 )

The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50 of that Act provides that insofar as it is appropriate in consequence of section 5 a reference, however expressed, to the Commissioners of Inland Revenue is to be read as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Pension Benefits (Insurance Company Liable as Scheme Administrator) Regulations 2006 (2006/136)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.