PSI17.2.55 - Tax Treatment of Approved Schemes and Payments by Approved Schemes: Taxation of Payments to Scheme Members - Inheritance Tax - Contributions by Employers


(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

Section 12 Inheritance Tax Act 1984 exempts from IHT contributions paid by an employer to a pension scheme by saying that they are not to be treated as transfers of value if:
  1. the contribution is paid to an approved retirement benefits scheme providing retirement benefits to an employee for his or her service, or
  2. the retirement and death benefits provided for an employee (or after his/her death for his/her widow, widower or dependants) are comparable to those which could be provided through an approved scheme. Provision for an employee partly through an approved scheme and partly otherwise is exempt only if the total benefits are within the normally approvable limits.

The exemption does not apply if the employee and employer are ‘connected’ persons (broadly spouses of relatives).

Do not become involved in correspondence with practitioners about section 12 and let Technical Support Section see any enquiries from CTO about cases within sub- paragraph b. above.