EIM15129 - Employer-financed retirement benefits schemes: receipts excluded from charge: prior employer contributions: special cases

Paragraph 55 Schedule 36 FA 2004

[Notice: the guidance on this page should be read with the notice at the top of EIM15015]

To arrive at this guidance you should have concluded either:

• that there were employer contributions to the scheme prior to 6 April 2006 only but for some reason the guidance in EIM15125 does not apply, or
• that there were employer contributions to the scheme both prior to 6 April 2006 as well as on or after that date but for some reason the guidance in EIM15128 does not apply

In either of those situations, the part of the receipt that is excluded from charge is restricted to the total of:

• the sum(s) contributed by the employer to the scheme before 6 April 2006 and which have been taxed on the employee under s595 ICTA 1988 or under s386 ITEPA 2003 see EIM15412 respectively) and
• any contributions made by the employee (whether made before or after 6 April 2006).