RPSM07103090 - Technical Pages: Investments: Loans: Loans to employers

Interest rate - amount of unauthorised payment

[s179, sch 30]

Where the interest rate charged by the registered pension scheme is less than the prescribed interest rate calculated using the formula in RPSM07103080 an unauthorised payment charge will be made on the amount owing based on the percentage that the interest rate applied to the loan is less than the official rate using the formula

100 – [(IR/PIR) x 100]x AO
100

Where

IR is the rate of interest payable

PIR is the prescribed rate of interest - see RPSM07103080

AO is the amount of loan outstanding (excluding interest)

Example

JJ Ltd Registered Pension Scheme makes a loan to JJ Ltd of £50,000. At the time the loan is made the prescribed rate of interest is 5%. The rate of interest payable under the loan agreement is 4.5%

The amount of the unauthorised payment is

100 – [(4.5/5) x 100]x 50,000 = £5,000
100

JJ Ltd will be liable to an unauthorised payments charge of £5,000 @ 40%.

JJ Ltd Registered Pension Scheme will be liable to a scheme sanction charge.

Glossary ( RPSM20000000)