RPSM04105010 - Technical Pages: Taxation: Other tax charges: De-registration charge

The de-registration charge

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If HMRC withdraws the registration of a registered pension scheme an income tax charge called the de-registration charge will be due.

The amount of the de-registration charge is 40% of the total of the amount of

  • sums (cash) and
  • the market value of any assets

held by the scheme immediately before it ceased to be a registered pension scheme.

The scheme administrator immediately before registration of the scheme was withdrawn is liable for the de-registration tax charge, regardless of that scheme administrator's residence or domicile status for UK tax purposes.

If more than one person is the scheme administrator at that time, each person is jointly and severally liable for the tax due. This means that each person can be asked to pay the whole amount of tax due. If one person pays part of the tax due, all persons are discharged from liability in respect of that part of the tax that has been paid. However, all persons, including the one who made the part payment, would still each be liable to pay the whole of the remaining amount due. If the tax liability is met in full by one or more persons, all persons concerned are discharged from liability for the full amount.

The charge is a free-standing tax charge, which means any losses that a taxpayer may have cannot be set against the tax charge.

RPSM04105020 to RPSM04105070 gives more information on how a scheme would be de- registered and what happens when a scheme is de-registered.

Glossary ( RPSM20000000)