RPSM02302010 - Scheme administrator pages: Registering a pension scheme with HMRC: who is the scheme administrator? Did the scheme exist and have tax approval with effect from a date before 6 April 2006?

Did the scheme exist and have tax approval with effect from a date before 6 April 2006?

For schemes which had tax approval on 5 April 2006, or whose tax approved status was granted on or after 6 April 2006 but was backdated so that the scheme was in effect approved on 5 April 2006, the administrator as defined under the tax legislation in force before 6 April 2006 is taken to be the scheme administrator for the purposes of the tax legislation applying from 6 April 2006. This is set out at paragraph 4 of Schedule 36 to Finance Act 2004.

The scheme administrator before 6 April 2006, depending on the type of pension scheme, was as follows

Retirement benefit schemes

As defined in section 611AA Income and Corporation Taxes Act (ICTA) 1988 (a person or persons resident in the UK appointed as administrator, otherwise the trustees or scheme sponsor if resident in the UK).

Personal pension schemes

As defined in section 638(1) ICTA 1988 (a person resident in the UK who is responsible for the management of the scheme).

Retirement annuity contracts

The trustee(s) of the pension scheme, or the insurance company which is a party to the insurance contract comprising the pension scheme is deemed to be the scheme administrator for tax purposes from 6 April 2006.

Parliamentary pension schemes or funds

The trustees of the scheme or fund on 5 April 2006 are deemed to be the scheme administrator for tax purposes from 6 April 2006.

Deferred annuity contracts

Although they were not approved pension schemes prior to 6 April 2006, under tax law deferred annuity contracts have a deemed scheme administrator from 6 April 2006. Please see page RPSM02302030 and RPSM02302040.

All schemes

More than one person can be appointed as the scheme administrator. If more than one person is appointed, they are jointly and severally liable for any tax charges or penalties.