RPSM07102110 - Technical Pages: Investments: Non arm’s length transactions: Overview

General

Generous tax relief is given on contributions made to a registered pension scheme in order to provide for an income for life in retirement.

The new simplified regime therefore imposes various tax charges where funds within a registered scheme are used for purposes other than providing retirement benefits. This will apply, for example, where a member seeks to extract value from the scheme, perhaps by selling an asset to the scheme for more than it is worth. Other examples include where a scheme sells an asset to a member for less than it is worth, or leases an asset to a scheme member at a low or nil rent.

For example, if the member sells an asset worth £600,000 to the scheme for £1 million, there is value of £400,000 passing out of the scheme to the member.

There is no objection in principle to a registered pension scheme entering into transactions with a member or a person/company connected with a member. However, various tax charges are imposed where any investment transactions entered into by the scheme (involving assets or liabilities) with people connected to the scheme are not on arm’s length terms. These rules are explained in RPSM07102130 and RPSM07102140.

Glossary ( RPSM20000000)