RPSM02308020 - Scheme Administrator Pages: Registering a pension scheme with HMRC: I have decided not to register the pension scheme: After 5 April 2006 - simply do not apply to register

After 5 April 2006 - simply do not apply to register

If you set up a pension scheme on or after 6 April 2006 you do not have to register it with HMRC. 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 no.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 the definition of 'responsible person', see Employment Income Manual (EIM) page EIM15056.

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

Pension Schemes Services
HM Revenue & Customs
FitzRoy House
Castle Meadow Road
Nottingham
NG2 1BD

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.

The tax consequences of not being a registered pension scheme are set out at RPSM02308030.