RPSM13102220 - Technical Pages: International: Application of charges to non-UK schemes: Member payment charges and taxable property unauthorised payment charge: Regulation- making powers

Regulation-making powers

HMRC has regulation-making powers to amend the application of the normal UK rules under the member payment provisions. These regulations can adapt the rules on payments that are made to or in respect of members of registered pension schemes where, instead, the payment is to a relieved member or a transfer member of a relevant non-UK scheme.

The regulations can

• apply retrospectively,
• confer discretion on HMRC,
• make different provision in relation to payments treated as being referable to a member's UK tax-relieved fund, or to a member's relevant transfer fund, under a relevant non-UK scheme,
• make different provision for different cases.

Further information about the modification of legislation and about HMRC's discretionary power is provided at RPSM13102710.