RPSM02101040 - Technical pages: Registering a pension scheme with HMRC: pension schemes set up on or after 6 April 2006: Schemes that do not wish to be registered

Schemes that do not wish to be registered

Those who set up a pension scheme on or after 6 April 2006 may not wish it to be registered. Such schemes will not be governed by the tax regime for registered pension schemes. A pension scheme that is not a registered scheme does not qualify for the tax reliefs shown in RPSM02103010.

If a pension scheme which is not registered is an occupational pension scheme, it is likely to be an ‘employer-financed retirement benefits scheme' for the purposes of tax legislation.

For details of how a trust-based employer-financed retirement benefits scheme is treated for tax purposes, please see the guidance in the Employment Income Manual at EIM15000.

Reporting requirement

Under the Employer-Financed Retirement Benefits Schemes (Provision of Information) Regulations 2005 [SI 2005/3453], the 'responsible person' in relation to the scheme is required to inform HMRC of certain specified details on or before 31 January following the end of the tax year in which the scheme came into operation.

These details are

• the name of the scheme
• the address of the responsible person and
• the date the scheme came into operation.

For these purposes, a scheme comes into operation on the earlier of the following dates

• the date on which an employer makes a contribution to that scheme and
• the date on which relevant benefits are provided.

For more details of what are relevant benefits, see Employment Income Manual (EIM) page EIM15021.

For the definition of 'responsible person', see Employment Income Manual (EIM) page EIM15036.

In the case of a scheme which is not set up under a trust, the 'responsible person' in relation to the scheme should provide the details listed above to HMRC at the following address

If the scheme is set up under a trust, the notification can be made by the trustees (as 'responsible person') in the Self Assessment return for the tax year in which the scheme was established.