RPSM13102200 - Technical Pages: International: Application of charges to non-UK schemes: Member payment charges and taxable property unauthorised payment charge: Examples of attributing payments to particular funds

Examples of attributing payments to particular funds under a relevant non- UK scheme

Example A

Tom receives a payment of £250,000 from a relevant non-UK scheme when he is 45 years old. It is an unauthorised payment. His total fund within that scheme is £500,000.

If he has a UK tax-relieved fund of £200,000 and does not have a relevant transfer fund or a taxable asset transfer fund he will be liable to a member payment charge on £200,000 - the total of the UK tax-relieved fund as that is smaller than the payment.

If he has a UK tax-relieved fund of £200,000 and has a relevant transfer fund of £200,000, which includes within it a taxable asset transfer fund of £100,000 he will be liable to a member payment charge on £250,000. His UK tax-relieved fund will be reduced to nil and he will be left with a relevant transfer fund of £150,000, and a taxable asset transfer fund of £100,000.

Example B

On 25 May 2007 Rob transfers £500,000 from his relevant non-UK scheme (scheme B), which is a qualifying recognised overseas pension scheme, to an overseas scheme (scheme C) that is not a qualifying recognised overseas pension scheme The transfer does not include an appropriated asset At that time the total value of his funds in scheme B is £1.2 million. He has a UK tax-relieved fund in it of £300,000. He also has a relevant transfer fund in it of £600,000 – all of which is a taxable asset transfer fund- as a consequence of a transfer of that amount from a registered pension scheme (scheme A). The transfer from scheme A to scheme B was a benefit crystallisation event 8 under section 216. It did not give rise to an unauthorised payments charge.

He is liable to an unauthorised payments charge of 40% and an unauthorised payments surcharge of 15% on the £500,000 transferred to scheme C. That is because this is not a recognised transfer. The surcharge applies because the whole of the transferred amount of £500,000 is treated as coming from his UK tax-relieved fund, his relevant transfer fund, and his taxable asset transfer fund and because that amount exceeds 25% of the value of his rights under scheme B. His UK tax-relieved fund in scheme B is reduced from £300,000 to nil and his relevant transfer fund is reduced from £600,000 to £400,000, as is his taxable asset transfer fund.

On 13 November 2009 he transfers £600,000 from scheme B to scheme C. The transfer does not include an appropriated asset. The total value of his funds in scheme B at that time is £850,000. He has a UK tax-relieved fund in it of £100,000 because his employer has made UK tax-relieved contributions of that amount to it since the previous transfer was made. His relevant transfer fund (and taxable asset transfer fund)in it is still £400,000. He is liable to an unauthorised payments charge of 40% and an unauthorised payments surcharge of 15% on the £500,000 transferred to scheme C from his UK tax-relieved fund and from his relevant transfer fund (and taxable asset transfer fund) in scheme B. Both his UK tax-relieved fund and his relevant transfer fund (and taxable asset transfer fund) in scheme B are reduced to nil. The other £100,000 that was transferred is not subject to such charges.

Glossary ( RPSM20000000)