🔆 📖 👤

Statutory Instruments

2006 No. 575

CORPORATION TAX

INCOME TAX

CAPITAL GAINS TAX

INHERITANCE TAX

STAMP DUTY LAND TAX

The Pension Protection Fund (Tax) Regulations 2006

Made

9th March 2006

Laid before the House of Commons

10th March 2006

Coming into force

6th April 2006

The Treasury make the following Regulations in exercise of the powers conferred by section 102 of the Finance Act 2005 :

Citation and commencement

1. These Regulations may be cited as the Pension Protection Fund (Tax) Regulations 2006 and shall come into force on 6th April 2006.

Interpretation

2. —(1) In this regulation—

(a) paragraph (2) gives the meaning of the abbreviated references to Acts and instruments used in these Regulations, and

(b) paragraph (3) deals with other expressions used in these Regulations.

(2) In these Regulations—

FA 2004 ” means the Finance Act 2004 ;

ICTA ” means the Income and Corporation Taxes Act 1988 ;

ITEPA 2003 ” means the Income Tax (Earnings and Pensions) Act 2003 ;

P( No. 2)A (NI) 2008 ” means the Pensions ( No. 2) Act (Northern Ireland) 2008;

PA 2008 ” means the Pensions Act 2008;

the Pensions Act ” (without more) means the Pensions Act 2004 ;

the Pensions Order ” means the Pensions (Northern Ireland) Order 2005 ;

TCGA 1992 ” means the Taxation of Chargeable Gains Act 1992 .

(3) In these Regulations—

the Board of the Pension Protection Fund ” means the body corporate established under section 107 of the Pensions Act;

dependant ” is to be construed in accordance with paragraph 15 of Schedule 28 to FA 2004 ;

dependants' scheme pension ” is to be construed in accordance with paragraph 16 of Schedule 28 to FA 2004 ;

the Fraud Compensation Fund ” has the meaning given by regulation 3(1);

fraud compensation payment ”—

(a)

in England, Wales and Scotland means a fraud compensation payment within the meaning of Part 2 of the Pensions Act (see section 182(1) of that Act), and

(b)

in Northern Ireland means a fraud compensation payment within the meaning of Part 3 of the Pensions Order (see Article 165(1) of that Order);

Part 4 ” means Part 4 of FA 2004 (pension schemes);

the pension compensation provisions ”—

(a)

in England, Wales and Scotland is to be construed in accordance with section 108 of PA 2008 (interpretation), and

(b)

in Northern Ireland is to be construed in accordance with section 87 of P ( No. 2)A( NI ) 2008 (interpretation);

the Pension Protection Fund ” has the meaning given by regulation 3(1);

the Pensions Act Funds ” has the meaning given by regulation 3(1);

the Pensions Act levies ” means the levies specified in paragraph (2) or (3) of regulation 3, as the case may require;

periodic compensation ”—

(a)

in England, Wales and Scotland is to be construed in accordance with Schedule 7 to the Pensions Act (pension compensation provisions) or, as the case may be, Schedule 5 to PA 2008 (pension compensation payable on discharge of pension compensation credit) , and

(b)

in Northern Ireland is to be construed in accordance with Schedule 6 to the Pensions Order (pension compensation provisions) or, as the case may be, Schedule 4 to P( No. 2)A( NI ) 2008 (pension compensation payable on discharge of pension compensation credit) ;

PPF money purchase lump sum”—

(a)

in England, Wales and Scotland has the meaning given by regulation 1(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006(citation, commencement and interpretation), and

(b)

in Northern Ireland has the meaning given by regulation 1(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (citation, commencement and interpretation).

registered pension scheme ” has the meaning given by section 832(1) of ICTA ;

Schedule 36 ” means Schedule 36 to FA 2004 (transitional provisions);

scheme pension ” is to be construed in accordance with paragraph 2 of Schedule 28 to FA 2004 .

Meaning of “ the Pension Protection Fund ” and other expressions

3. —(1) In these Regulations—

the Pension Protection Fund ” means the Fund required to be held, managed and applied by the Board of the Pension Protection Fund under section 110(1)(a) of the Pensions Act;

the Fraud Compensation Fund ” means the Fund required to be held, managed and applied by the Board of the Pension Protection Fund under section 110(1)(b) of the Pensions Act;

the Pensions Act Funds ” means the Pension Protection Fund and the Fraud Compensation Fund.

(2) In England, Wales and Scotland “ the Pensions Act levies ” means—

(a) the administration levy referred to in section 117(1) of the Pensions Act;

(b) the risk-based pension protection levy referred to in section 175(1)(a) of that Act;

(c) the scheme-based pension protection levy referred to in section 175(1)(b) of that Act;

(d) the fraud compensation levy referred to in section 189(1) of that Act;

(e) a levy in respect of eligible schemes imposed by regulations made under section 209(7) of that Act (the Ombudsman for the Board of the Pension Protection Fund).

(3) In Northern Ireland “ the Pensions Act levies ” means—

(a) the administration levy referred to in Article 103(1) of the Pensions Order;

(b) the risk-based pension protection levy referred to in Article 158(1)(a) of that Order;

(c) the scheme-based pension protection levy referred to in Article 158(1)(b) of that Order;

(d) the fraud compensation levy referred to in Article 171(1) of that Order;

(e) a levy in respect of eligible schemes imposed by regulations made under Article 191(3) of that Order (the PPF Ombudsman).

Application of the Tax Acts: general

4. —(1) The Tax Acts apply in relation to the Pension Protection Fund in the same way as they apply in relation to a registered pension scheme.

(2) The general rule in paragraph (1) is subject to the further provisions contained in these Regulations.

Application of Part 4 of FA 2004: further provisions

5. Section 151 of FA 2004 (meaning of “ member ”) applies as if, in Part 4, “ member ” in relation to the Pension Protection Fund, meant—

(a) an individual in receipt of compensation from the Pension Protection Fund, ...

(b) an individual who expects to receive such compensation following the assumption of responsibility, by the Board of the Pension Protection Fund, for a scheme of which that individual was a member, or

(c) an individual who receives a PPF money purchase lump sum.

6. —(1) Section 152 of FA 2004 (meaning of “ arrangement ”) applies as if, in Part 4, “ arrangement ”, in relation to an individual specified in paragraph (2), meant an arrangement specified in paragraph (3).

(2) An individual is specified for the purposes of this paragraph if the individual—

(a) is in receipt of compensation from the Pension Protection Fund, ...

(b) expects to receive such compensation following the assumption of responsibility, by the Board of the Pension Protection Fund, for a scheme of which that individual was a member, or

(c) receives a PPF money purchase lump sum.

(3) An arrangement is specified for the purposes of this paragraph if—

(a) in relation to an individual falling within paragraph (2)(a) or (b), it is an arrangement under which the individual receives (or, as the case may be, expects to receive)—

(i) compensation paid under Schedule 7 to the Pensions Act or, as the case may be, Schedule 5 to PA 2008 (pension compensation provisions), or

(ii) compensation paid under Schedule 6 to the Pensions Order or, as the case may be, Schedule 4 to P ( No. 2)A( NI ) 2008 (pension compensation provisions), or

(b) in relation to an individual falling within paragraph (2)(c), it is an arrangement under which the individual receives a PPF money purchase lump sum.

7. Chapter 2 of Part 4 (registration of pension schemes) does not apply in relation to the Pension Protection Fund.

8. Section 164 of FA 2004 (authorised member payments) applies as if it also provided that the Board of the Pension Protection Fund was authorised to make the following payments to or in respect of a member

(a) payments of an amount falling within section 166(2) of the Pensions Act (duty to pay scheme benefits unpaid at assessment date);

(b) payments of an amount falling within Article 150(2) of the Pensions Order (duty to pay scheme benefits unpaid at assessment date) ;

(c) a payment of a PPF money purchase lump sum.

9. —(1) For the purposes of Part 4, payment of periodic compensation from the Pension Protection Fund to an individual is treated as payment of a scheme pension to a member of a registered pension scheme (see section 165 of FA 2004: pension rules).

(2) The payment of such compensation is treated as meeting the condition specified in paragraph 2(2)(a) of Schedule 28 to FA 2004 (condition relating to payer of scheme pension).

10. —(1) This regulation applies if—

(a) either condition A or B is met, and

(b) condition C is met.

(2) Condition A is that the Board of the Pension Protection Fund is responsible for securing that compensation is (and has been) paid to an individual in accordance with the pension compensation provisions.

(3) Condition B is that the Board of the Pension Protection Fund is required to secure the discharge of liabilities to an individual in respect of benefits transferred to the Board under—

(a) Chapter 3 of Part 2 of the Pensions Act (pension protection), or

(b) Chapter 3 of Part 3 of the Pensions Order (pension protection).

(4) Condition C is that the Board of the Pension Protection Fund provides for the securing of—

(a) the payment of compensation in the circumstances specified in condition A, or

(b) the discharge of liabilities in the circumstances specified in condition B,

by the entry into an annuity contract or a number of such contracts.

(5) For the purposes of Part 4, payment of an annuity under an annuity contract mentioned in paragraph (4) is treated as payment of a scheme pension.

(6) If this regulation applies, so much of Pension rule 4 in section 165(1) of FA 2004 (pension rules) as provides that a scheme pension may only be paid if the member had an opportunity to select a lifetime annuity instead is treated as omitted.

11. —(1) Section 166 of FA 2004 (lump sum rule) and Part 1 of Schedule 29 to that Act (authorised lump sums: lump sum rule) apply with the following modifications to the payment of lump sums by the Pension Protection Fund to an individual.

(2) Section 166(2) of FA 2004 (time at which a person becomes entitled to a lump sum) applies as if the person becomes entitled to a lump sum when a person acquires an actual (rather than a prospective) right to receive the lump sum.

(3) In Schedule 29 to FA 2004, paragraph 5(1)(a) is treated as omitted.

12. —(1) For the purposes of Part 4, payment of periodic compensation from the Pension Protection Fund to a dependant of an individual is treated as payment of a dependants' scheme pension in respect of a member of a registered pension scheme (see section 167 of FA 2004: pension death benefit rules).

(2) The payment of such compensation is treated as meeting the condition specified in paragraph 16(2)(a) of Schedule 28 to FA 2004 (condition relating to payer of dependants' scheme pension).

13. —(1) This regulation applies if—

(a) either condition A or B is met, and

(b) condition C is met.

(2) Condition A is that the Board of the Pension Protection Fund is responsible for securing that compensation is (and has been) paid to a dependant of an individual in accordance with the pension compensation provisions.

(3) Condition B is that the Board of the Pension Protection Fund is required to secure the discharge of liabilities to a dependant of an individual in respect of benefits transferred to the Board under—

(a) Chapter 3 of Part 2 of the Pensions Act (pension protection), or

(b) Chapter 3 of Part 3 of the Pensions Order (pension protection).

(4) Condition C is that the Board of the Pension Protection Fund provides for the securing of—

(a) the payment of compensation in the circumstances specified in condition A, or

(b) the discharge of liabilities in the circumstances specified in condition B,

by the entry into an annuity contract or a number of such contracts.

(5) For the purposes of Part 4, payment of an annuity under an annuity contract mentioned in paragraph (4) is treated as payment of a dependants' scheme pension.

(6) If this regulation applies, so much of Pension death benefit rule 3 in section 167(1) of FA 2004 (pension death benefit rules) as provides that a dependants' scheme pension may only be paid if the member or dependant had an opportunity to select a dependants' annuity instead is treated as omitted.

14. —(1) Section 168 of FA 2004 (lump sum death benefit rule) and Part 2 of Schedule 29 to that Act (authorised lump sums: lump sum death benefit rule) apply to the payment of lump sums by the Pension Protection Fund to a dependant of a qualifying individual.

(2) In paragraph (1) a “qualifying individual” means—

(a) an individual who was a member of a scheme for which the Board of the Pension Protection Fund has assumed responsibility, or

(b) an individual who was a transferee entitled to a pension compensation credit referred to in section 111(1) of PA 2008 or section 89(1) of P ( No. 2)A( NI ) 2008 (creation of pension compensation debits and credits).

15. Sections 175 to 181 of FA 2004 (authorised and unauthorised employer payments) do not apply in relation to the Pension Protection Fund.

16. Sections 182 to 185 of FA 2004 (borrowing) do not apply in relation to the Pension Protection Fund.

17. —(1) Section 186 of FA 2004 (exemption from tax on certain types of income) applies in relation to each of the Pensions Act Funds as if in subsection (1) for the reference to income tax there were substituted a reference to corporation tax.

(2) The exemption provided by section 186(1) of FA 2004 (as modified by paragraph (1)) in relation to each of the Pensions Act Funds also applies in respect of—

(a) any profit, gain or loss on a loan relationship within the meaning of Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships), and

(b) any amount received on account of the Pensions Act levies.

18. —(1) Any amount recovered by an individual's employer on account of any of the Pensions Act levies is treated in the same way as relievable pension contributions paid during a tax year (see section 188 of FA 2004: relief for contributions).

(2) In paragraph (1) “ tax year ” has the meaning given by section 279(1) of FA 2004.

19. Relief on any amount recovered by an individual's employer on account of any of the Pensions Act levies may be given in accordance with section 193 of FA 2004 (relief under net pay arrangements).

20. Sections 197 and 198 of FA 2004 (spreading of relief) do not apply in relation to any sum paid by an employer on account of any of the Pensions Act levies.

21. Section 199 of FA 2004 (deemed contributions) applies in relation to any sum paid by an employer on account of any of the Pensions Act levies as it applies in relation to a sum paid by an employer in or towards the discharge of any liability of the employer under the enactments specified in subsection (1) of that section.

22. Section 213 of FA 2004 (surchargeable unauthorised employer payments) does not apply in relation to the Pension Protection Fund.

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23A. Paragraph 20A of Schedule 36 to FA 2004 (pension credits from previously crystallised rights) applies as if, in relation to the Pension Protection Fund

(a) in sub-paragraph (5) for “or Article 26(1) of WRP( NI )O 1999” there were substituted “, Article 26(1) of WRP( NI )O 1999, section 111(1) of the Pensions Act 2008 or section 89(1) of the Pensions ( No. 2) Act (Northern Ireland) 2008”,

(b) in sub-paragraph (6)(a) for “or Article 26(2) or (3)(b) of WRP( NI )O 1999” there were substituted “, Article 26(2) or (3)(b) of WRP( NI )O 1999, section 111(2)(a) or (b)(ii) of the Pensions Act 2008 or section 89(2)(a) or (b)(ii) of the Pensions ( No. 2) Act (Northern Ireland) 2008”, and

(c) in sub-paragraph (6)(b) for “or Article 26(3)(a) of WRP( NI )O 1999” there were substituted “, Article 26(3)(a) of WRP( NI )O 1999, section 111(2)(b)(i) of the Pensions Act 2008 or section 89(2)(b)(i) of the Pensions ( No. 2) Act (Northern Ireland) 2008”.

24. Section 242 of FA 2004 (de-registration charge) does not apply in relation to the Pension Protection Fund.

25. Chapter 6 of Part 4 (schemes that are not registered pension schemes) does not apply in relation to the Pension Protection Fund.

26. —(1) References in Part 4 to the scheme administrator, in relation to a pension scheme (see section 270 of FA 2004: meaning of “ scheme administrator ”), are to be treated as references to the scheme administrator of the Pension Protection Fund.

(2) For the purposes of paragraph (1) the “ scheme administrator of the Pension Protection Fund ” means the person appointed by the Board of the Pension Protection Fund to be responsible for the discharge of the functions conferred or imposed on the scheme administrator of the Pension Protection Fund by and under Part 4.

27. —(1) If section 272 of FA 2004 (trustees etc. liable as scheme administrator) applies in relation to the Pension Protection Fund, the Board of the Pension Protection Fund assumes liability by reason of that section applying in relation to that Fund.

(2) For the purposes of section 272(4) of FA 2004 (specification of persons assuming liability) the Board of the Pension Protection Fund are treated as persons who assume liability by virtue of being specified under Head 2.

28. Section 273 of FA 2004 (members liable as scheme administrator) does not apply in relation to the Pension Protection Fund.

28A. Section 279(1) of FA 2004 (other definitions) applies as if, in relation to the Pension Protection Fund

(a) pension credit” included any pension compensation credit mentioned in section 111(1)(b) of PA 2008 or section 89(1)(b) of P ( No. 2)A( NI ) 2008 (creation of pension compensation debits and credits),

(b) pension debit” included any pension compensation debit mentioned in section 111(1)(a) of PA 2008 or section 89(1)(a) of P ( No. 2)A( NI ) 2008 (creation of pension compensation debits and credits), and

(c) pension sharing order or provision” included any pension compensation sharing order or provision mentioned in section 109 of PA 2008 or section 88 of P ( No. 2)A( NI ) 2008 (activation of pension compensation sharing).

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30. —(1) This regulation applies if there is a transfer to the Board of the Pension Protection Fund of all sums and assets held for the purposes of, or representing accrued rights under, an arrangement relating to an individual under a registered pension scheme.

(2) For the purposes of paragraph 12 of Schedule 36 (enhanced protection) the transfer is treated as a permitted transfer by virtue of sub-paragraph (8)(b) of that paragraph

(3) This regulation is to be construed as one with paragraph 12 of Schedule 36.

31. —(1) For the purposes of Part 3 of Schedule 36 (pre-commencement benefit rights), the transfer of the property, rights and liabilities of a scheme to the Board of the Pension Protection Fund in accordance with a relevant transfer notice is treated as a block transfer within the meaning given by paragraph 22(6) of Schedule 36.

(2) But for the purposes of determining the compensation payable where the Board of the Pension Protection Fund assumes responsibility for a scheme in accordance with Chapter 3 of Part 2 of the Pensions Act or Chapter 3 of Part 3 of the Pensions Order (pension protection), paragraph (1) does not affect the application of—

(a) Schedule 7 to the Pensions Act (pension compensation provisions) or regulations made under that Schedule, or

(b) Schedule 6 to the Pensions Order (pension compensation provisions) or regulations made under that Schedule.

(3) In paragraph (1) a “ relevant transfer notice ” means—

(a) a transfer notice given under section 160 of the Pensions Act (transfer notice), or

(b) a transfer notice given under Article 144 of the Pensions Order (transfer notice).

32. Paragraph 36 of Schedule 36 ( ... right to payment of lump sum death benefit) does not apply in relation to the Pension Protection Fund.

Application of the Inheritance Tax Act 1984: further provisions

33.Section 58 of the Inheritance Tax Act 1984 (relevant property) applies in relation to property which is held for the purposes of the Pension Protection Fund as it applies in relation to property which is held for the purposes of a registered pension scheme.

34.Section 151 of the Inheritance Tax Act 1984 (treatment of pension rights) applies in relation to an interest in or under the Pension Protection Fund as it applies in relation to an interest in or under a registered pension scheme.

Application of ICTA: further provisions

35. —(1) Section 413(3) of ICTA (group relief: interpretation) applies as if it provided that two companies shall be deemed to be members of a group of companies if—

(a) one company is the 75 per cent. subsidiary of the other and neither company is the Board of the Pension Protection Fund, or

(b) both companies are 75 per cent. subsidiaries of the Board of the Pension Protection Fund.

(2) This regulation is to be construed as one with Chapter 4 of Part 10 of ICTA (group relief).

36. —(1) If the Board of the Pension Protection Fund acquires more than half the ordinary share capital of a company (so that, accordingly, the condition in paragraph (a) of section 769(1) of ICTA is met), there is no change in the ownership of the company for the purposes of sections 767A to 768E of ICTA (change in ownership of company).

(2) This regulation is to be construed as one with sections 767A to 768E of ICTA.

Application of TCGA 1992: further provisions

37. —(1) For the purposes of section 170 of TCGA 1992 (groups of companies), none of the following may be a member of a group—

(a) the Board of the Pension Protection Fund;

(b) the Pension Protection Fund;

(c) the Fraud Compensation Fund.

(2) This regulation is to be construed as one with TCGA 1992.

38. —(1) For the purposes of TCGA 1992, any gain accruing to the Board of the Pension Protection Fund from its disposal of investments shall not be a chargeable gain if, or to the extent that, at the time of the disposal, those investments were held by the Board, or on its behalf, for the purposes of one of the Pensions Act Funds.

(2) In paragraph (1) “ investments ” includes futures contracts and options contracts.

(3) This regulation is to be construed as one with TCGA 1992.

Application of ITEPA 2003: further provisions

39. Step 5 of section 54(1) of ITEPA 2003 (calculation of deemed employment payment under arrangements made by intermediaries) applies in relation to a payment, by the intermediary, of any sum in respect of any of the Pensions Act levies in the same way as it applies in relation to any contributions that may be deducted under that step.

40. Section 307 of ITEPA 2003 (exemption from employment income for death or retirement benefit provision made by employer) applies in relation to the payment of any sum in respect of any of the Pensions Act levies in the same way as it applies in respect of provision made by an employee's employer for a retirement or death benefit.

41. Section 579A of ITEPA 2003 (pensions) applies in relation to periodic compensation from the Pension Protection Fund as it applies to any pension under a registered pension scheme.

42B.—(1) This regulation modifies Chapter 15A of Part 9 of ITEPA 2003 (pension income: lump sums under registered pension schemes) in relation to certain lump sums paid by the PPF.

(2) That Chapter has effect as if, after section 637G (trivial commutation lump sums and winding-up lump sums) there were inserted—

637GA. PPF compensation commutation lump sums and PPF pension credit commutation lump sums

(1) Subject to subsection (2) , no liability to income tax arises on a PPF compensation commutation lump sum or a PPF pension credit commutation lump sum.

(2) If the amount of the lump sum exceeds the permitted maximum, section 579A (pensions) applies to the excess as it applies to any pension under a registered pension scheme.

(3) In subsection (2) the permitted maximum ”, in relation to a PPF compensation commutation lump sum or a PPF pension credit commutation lump sum, means the lower of—

(a) so much of the individual’s lump sum allowance as is available on the individual becoming entitled to the lump sum (see section 637Q), and

(b) so much of the individual’s lump sum and death benefit allowance as is available on the individual becoming entitled to the lump sum (see section 637S).

637GB. PPF terminal illness lump sums

(1) Subject to subsection (2) , no liability to income tax arises on a PPF terminal illness lump sum.

(2) If the amount of the lump sum exceeds the permitted maximum, section 579A (pensions) applies to the excess as it applies to any pension under a registered pension scheme.

(3) In subsection (2) the permitted maximum ”, in relation to a PPF terminal illness lump sum, means so much of the individual’s lump sum and death benefit allowance as is available on the individual becoming entitled to the lump sum (see section 637S).

637GC. Miscellaneous PPF lump sums

(1) Subject to subsection (3) , an individual to whom a lump sum within subsection (2) is paid is treated as having taxable pension income for the tax year in which the payment is made equal to the amount of the lump sum.

(2) The lump sums are—

(a) a PPF compensation commutation excess lump sum;

(b) a PPF money purchase lump sum;

(c) a PPF money purchase trivial commutation lump sum;

(d) a PPF pension credit commutation excess lump sum.

(3) If, immediately before the lump sum is paid, the member has uncrystallised rights under any one or more arrangements under the PPF, the amount of the taxable pension income is reduced by the tax-free element (if any).

(4) In subsection (3) the tax free element ” means 25% of the value of any uncrystallised rights extinguished by the lump sum.

(5) In this section “ uncrystallised rights ” has the same meaning as in section 212 of FA 2004; and the value for the purposes of this section of any uncrystallised rights is to be calculated in accordance with that section. .

(3) Section 637Q of ITEPA 2003 (availability of individual’s lump sum allowance) has effect as if, in the definition of “relevant lump sum” in subsection (2)(b) of that section—

(a) the “or” at the end of sub-paragraph (i) were omitted;

(b) after sub-paragraph (ii) there were inserted—

(iii) a PPF compensation commutation lump sum, or

(iv) a PPF pension credit commutation lump sum. .

(4) Section 637S of ITEPA 2003 (availability of individual’s lump sum and death benefit allowance) has effect as if, in the definition of “relevant lump sum” in subsection (2)(b) of that section—

(a) the “or” at the end of sub-paragraph (ii) were omitted;

(b) after sub-paragraph (iii) there were inserted—

(iv) a PPF compensation commutation lump sum,

(v) a PPF pension credit commutation lump sum, or

(vi) a PPF terminal illness lump sum. .

(5) For the purposes of this regulation (including the modifications made by it)—

PPF compensation commutation excess lump sum ” means—

(a)

a lump sum paid under paragraph 24 of Schedule 7 to the Pensions Act 2004(pension compensation provisions: commutation of periodic compensation), where the portion of periodic compensation commuted exceeds 25%, or

(b)

a lump sum paid under paragraph 24 of Schedule 6 to the Pensions (Northern Ireland) Order 2005(pension compensation provisions: commutation of periodic compensation), where the portion of periodic compensation commuted exceeds 25%;

PPF compensation commutation lump sum ” means—

(a)

a lump sum paid under paragraph 24 of Schedule 7 to the Pensions Act 2004, where the portion of periodic compensation commuted does not exceed 25%, or

(b)

a lump sum paid under paragraph 24 of Schedule 6 to the Pensions (Northern Ireland) Order 2005, where the portion of periodic compensation commuted does not exceed 25%;

PPF money purchase lump sum ” means a lump sum paid under—

(a)

regulation 9A of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (PPF money purchase lump sums), or

(b)

regulation 9A of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (PPF money purchase lump sums);

PPF money purchase trivial commutation lump sum ” means a lump sum paid under—

(a)

regulation 9 of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (trivial commutation), or

(b)

regulation 9 of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (trivial commutation);

PPF pension credit commutation excess lump sum ” means—

(a)

a lump sum paid under paragraph 9 of Schedule 5 to the Pensions Act 2008(pension compensation payable on discharge of pension compensation credit: commutation of periodic compensation), where the portion of periodic compensation commuted exceeds 25%, or

(b)

a lump sum paid under paragraph 9 of Schedule 4 to the Pensions (No. 2) Act (Northern Ireland) 2008 (pension compensation payable on discharge of pension compensation credit: commutation of periodic compensation), where the portion of periodic compensation commuted exceeds 25%;

PPF pension credit commutation lump sum ” means—

(a)

a lump sum paid under paragraph 9 of Schedule 5 to the Pensions Act 2008, where the portion of periodic compensation commuted does not exceed 25%, or

(b)

a lump sum paid under paragraph 9 of Schedule 4 to the Pensions (No. 2) Act (Northern Ireland) 2008, where the portion of periodic compensation commuted does not exceed 25%;

PPF terminal illness lump sum ” means a lump sum paid under—

(a)

paragraph 25E of Schedule 7 to the Pensions Act 2004(pension compensation provisions: terminal illness lump sum: effect of successful application),

(b)

paragraph 25E of Schedule 6 to the Pensions (Northern Ireland) Order 2005(pension compensation provisions: terminal illness lump sum: effect of successful application),

(c)

paragraph 15 of Schedule 5 to the Pensions Act 2008(pension compensation payable on discharge of pension compensation credit: terminal illness lump sum: effect of successful application), or

(d)

paragraph 15 of Schedule 4 to the Pensions (No. 2) Act (Northern Ireland) 2008 (pension compensation payable on discharge of pension compensation credit: terminal illness lump sum: effect of successful application).

Application of the Finance Act 2003: further provisions

43. —(1)Paragraph 8 of Schedule 4 to the Finance Act 2003 (debt as consideration) does not apply in relation to the Pension Protection Fund if—

(a) the Board of the Pension Protection Fund acquires a chargeable interest as part of its assumption of responsibility for a scheme in accordance with Chapter 3 of Part 2 of the Pensions Act or Chapter 3 of Part 3 of the Pensions Order (pension protection), and

(b) the chargeable interest is held by the Board of the Pension Protection Fund as an investment.

(2)Paragraph 1 of Schedule 7 to the Finance Act 2003 (group relief) applies in relation to a group of companies of which the Board of the Pension Protection Fund is a member as if, in the case of each reference to 75%, there were substituted a reference to 50%.

(3) For the purposes of paragraph 3(1) of Schedule 7 to the Finance Act 2003 (withdrawal of group relief) there is no withdrawal of group relief if the vendor is the Board of the Pension Protection Fund.

(4) This regulation is to be construed as one with Part 4 of the Finance Act 2003 (stamp duty land tax).

44. —(1) Receipt of a payment to which this regulation applies shall not be regarded as a disposal of an asset for the purposes of capital gains tax or for the purposes of corporation tax on chargeable gains.

(2) This regulation applies to—

(a) a fraud compensation payment under section 185 of the Pensions Act;

(b) an interim payment under section 186 of the Pensions Act;

(c) a fraud compensation payment under Article 168 of the Pensions Order;

(d) an interim payment under Article 169 of the Pensions Order;

(e) a payment made by the Board of the Pension Protection Fund under section 83 of the Pensions Act 1995 ;

(f) a payment in anticipation made by the Board of the Pension Protection Fund under section 84 of that Act;

(g) a payment made by the Board of the Pension Protection Fund under Article 81 of the Pensions (Northern Ireland) Order 1995 ;

(h) a payment in anticipation made by the Board of the Pension Protection Fund under Article 82 of that Order.

Tom Watson

Vernon Coaker

Two of the Lords Commissioners of Her Majesty's Treasury

9th March 2006

Status: There are currently no known outstanding effects for the The Pension Protection Fund (Tax) Regulations 2006.
The Pension Protection Fund (Tax) Regulations 2006 (2006/575)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 2(2) inserted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 3(1)inserted
F2Words in reg. 2(3) substituted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 3(2)substituted
F3Words in reg. 2(3) inserted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 3(3)inserted
F4Words in reg. 2(3) inserted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 3(4)inserted
F5Word in reg. 5(a) omitted (31.5.2013) by virtue of The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 4omitted
F6Reg. 5(c) inserted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 4inserted
F7Word in reg. 6(2)(a) omitted (31.5.2013) by virtue of The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 5omitted
F8Reg. 6(2)(c) inserted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 5inserted
F9Reg. 6(3) substituted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 6substituted
F10Reg. 8(c) inserted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 7inserted
F11Reg. 14(2) substituted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 8substituted
F12Reg. 23 omitted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by virtue of The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(2)omitted
F13Reg. 23A inserted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 9inserted
F14Words in reg. 23A substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(3)(a)substituted
F15Words in reg. 23A(a) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(3)(b)substituted
F16Words in reg. 23A(b) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(3)(c)substituted
F17Words in reg. 23A(c) substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(3)(d)substituted
F18Reg. 28A inserted (31.5.2013) by The Pension Protection Fund (Tax) (Amendment) Regulations 2013 (S.I. 2013/1117) , regs. 1 , 10inserted
F19Reg. 29 omitted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by virtue of The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(4)omitted
F20Words in reg. 32 substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(5)(a)substituted
F21Words in reg. 32 omitted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by virtue of The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(5)(b)omitted
F22Word in reg. 32 substituted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(5)(c)substituted
F23Reg. 42B substituted for regs. 42 and 42A (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012) , regs. 1(2) (3) , 26(6)substituted
M12005 c. 7 .
M22004 c. 12 .
M31988 c. 1 .
M42003 c. 1 .
M52004 c. 35 .
M6S.I. 2005/255 (N.I. 1) .
M71992 c. 12 .
M8Paragraph 15 of Schedule 28 was amended by paragraph 26 of Schedule 10 to the Finance Act 2005.
M9Paragraph 16 of Schedule 28 was amended by paragraph 27 of Schedule 10 to the Finance Act 2005.
M10The definition of “registered pension scheme” was inserted by paragraph 35(2) of Schedule 35 to the Finance Act 2004.
M11Paragraph 2 of Schedule 28 was amended by paragraph 11(3) of Schedule 10 to the Finance Act 2005.
M12Paragraph 16(2) of Schedule 28 was amended by paragraph 27(3) of Schedule 10 to the Finance Act 2005.
M131996 c. 8 .
M141984 c. 51 . By virtue of section 100(1) and (2) of the Finance Act 1986 (c. 41) , on and after 25th July 1986 the Capital Transfer Tax Act 1984 may be cited as the Inheritance Tax Act 1984, and any reference in that Act to capital transfer tax is to have effect as a reference to inheritance tax, except where the reference relates to a liability arising before 25th July 1986. Section 58 of the Inheritance Tax Act 1984 was amended by section 203(3) of the Finance Act 2004 (c. 12) .
M15Section 151 was amended by section 203(4) of the Finance Act 2004.
M16Section 769(1) was amended by paragraph 4(2) of Schedule 26 to the Finance Act 1995 (c. 4) and by section 116(5) of and paragraph 32 of Schedule 5 to, the Finance Act 1998 (c. 36) .
M17Section 767A was inserted by section 135(1) of the Finance Act 1994 (c. 9) and section 768E was inserted by paragraph 4(3) of Schedule 30 to the Finance Act 2002 (c. 23) .
M18Section 579A was inserted by paragraph 6 of Schedule 31 to the Finance Act 2004.
M192003 c. 14 .
M201995 c. 26 .
M21S.I. 1995/3213 (N.I. 22) .
Defined TermSection/ArticleIDScope of Application
arrangementreg. 6.legTermIE3MdxFKalert
arrangementreg. 6.legTermTgdQDCZnalert
dependantreg. 2.legTermF552khsb
dependants' scheme pensionreg. 2.legTermapMF1BPU
FA 2004reg. 2.legTermudG6C8P3
fraud compensation paymentreg. 2.legTermBJ58pt2H
ICTAreg. 2.legTermiyRHl8g9
investmentsreg. 38.legTerm9Lg2SrPD
ITEPA 2003reg. 2.legTermRCzqRj6e
memberreg. 5.legTermuyycz6baalert
memberreg. 5.legTerm7wakVboJalert
Part 4reg. 2.legTermaBYeDrZi
pension creditreg. 28A.pension_cr_rtvE0Kx
pension debitreg. 28A.pension_de_rtI4S4Z
pension sharing order or provisionreg. 28A.pension_sh_rt13oPx
periodic compensationreg. 2.legTermQogKobaq
PPF compensation commutation excess lump sumreg. (1) of 42B.legTermr7SIjAkE
PPF compensation commutation lump sumreg. (1) of 42B.legTermiDTfNUQU
PPF money purchase lump sumreg. (1) of 42B.legTerm7BGtltAd
PPF money purchase trivial commutation lump sumreg. (1) of 42B.legTermeAJBN33y
PPF pension credit commutation excess lump sumreg. (1) of 42B.legTerm3RMVkTuJ
PPF pension credit commutation lump sumreg. (1) of 42B.legTermWvYrF86A
PPF terminal illness lump sumreg. (1) of 42B.legTermk7BxI3dP
qualifying individualreg. 14.qualifying_rt7ZJ3h
registered pension schemereg. 2.legTermBaeht7K6
relevant transfer noticereg. 31.legTermfFIdt9zX
Schedule 36reg. 2.legTermyoahuxuU
scheme administratorreg. 26.legTermi9xc9ScR
scheme administrator of the Pension Protection Fundreg. 26.legTermqkki0anA
scheme pensionreg. 2.legTermJ3bNTt6l
tax yearreg. 18.legTermzRrlJy8L
TCGA 1992reg. 2.legTermjTi5oxhC
the Board of the Pension Protection Fundreg. 2.legTermRcr1if7s
the Fraud Compensation Fundreg. 2.legTermODeuzcUb
the Fraud Compensation Fundreg. 3.legTerm8rf9rzGX
the pension compensation provisionsreg. 2.legTermsrU68MpC
the Pension Protection Fundreg. 2.legTerm8hUOjoiK
the Pension Protection Fundreg. 3.legTermFTw0Qvkh
the Pension Protection Fundreg. 3.legTermnSYqV0HU
the Pensions Actreg. 2.legTerm7jG00xeC
the Pensions Act Fundsreg. 2.legTerm8KBbGAPk
the Pensions Act Fundsreg. 3.legTermKUwYhTbL
the Pensions Act leviesreg. 2.legTermMhWtuGRl
the Pensions Act leviesreg. 3.legTermjKbGecBq
the Pensions Act leviesreg. 3.legTermgdcvjBy5
the Pensions Orderreg. 2.legTerm9OYZl7Ne

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.