RPSM07108030 - Technical Pages: Investments: Tax charges: Scheme sanction charge

Scheme sanction charge

Where a registered pension scheme makes an unauthorised payment to a member or sponsoring employerRPSM07108010 explains that the member or sponsoring employer is liable to a tax charge at 40%.

In addition the scheme administrator will be liable to a scheme sanction charge on all charges except benefit in kind charges on non wasting assets.

The amount of the scheme sanction charge is 40% of the scheme chargeable payment (see RPSM04104820 )

However where the member or sponsoring employer has been subject to an unauthorised payments charge and has paid the tax due, a deduction will be made to the amount of the scheme sanction charge.

The amount of the deduction is the lesser of

  • 25% of the amount of the scheme chargeable payment, and
  • the actual amount of tax paid by the member or employer on an unauthorised payment.

Example 1

Bob has been provided with use of a scheme asset from SS Ltd Registered Pension Scheme for private use - a set of golf clubs worth £2,500. The value of the unauthorised payment (the annual value) is £2,500 x 20% = £500 for the year.

Bob declares the £500 on his Self Assessment Return and the tax due on the unauthorised payment is £500 x 40% = £200, which Bob pays in full.

SS Ltd are also liable to a scheme sanction charge of £500 x 40% = £200.

A deduction is available of the lower of

  • 25% of the scheme chargeable payment - £500 x 25% = £125 or
  • the tax paid by the member = £200

The scheme has to pay a scheme sanction charge of £200 - £125 = £75

Example 2

CC Ltd RBS makes an unauthorised payment to the sponsoring employer, CC Ltd, of £10,000.

CC Ltd are subject to an unauthorised payments tax charge of £10,000 x 40% = £4,000. But they have only paid £2,000.

CC Ltd RBS are subject to a scheme sanction charge of £10000 x 40% = £4,000

A deduction is available of the lower of

  • 25% of the amount of the scheme chargeable payment £10,000 = £2,500, or
  • the tax paid by the sponsoring employer of £2,000.

The scheme has to pay a scheme sanction charge of £4,000 - £2,000 = £2,000.

Further information on the scheme sanction charge can be found at RPSM04104800

Glossary ( RPSM20000000)