PTM152000 - The scheme administrator: pre 6 April 2006 schemes - who is the scheme administrator
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Paragraphs 4 and 6 Schedule 36 Finance Act 2004
The tax legislation specifies who the scheme administrator is for a scheme that automatically became a registered pension scheme on 6 April 2006. The person who became the scheme administrator on 6 April 2006 varies depending on the type of pension scheme.
Approved retirement benefit schemes, old code schemes and relevant statutory schemes
Approved personal pension schemes
Retirement annuity contracts (RACs)
Parliamentary pension schemes or funds
Pre 6 April 2006 deferred annuity contracts (DACs)
Approved retirement benefit schemes, old code schemes and relevant statutory schemes
Section 611AA Income and Corporation Taxes Act 1988
The scheme administrator is the person who immediately before 6 April 2006 was the administrator of the scheme in accordance with section 611AA Income & Corporation Taxes Act 1988 (ICTA 1988).
Any tax liability or other obligation of the administrator immediately before 6 April 2006 transferred to the person who was the scheme administrator when the scheme automatically became a registered pension scheme on 6 April 2006. In this context tax liability and obligation includes those:
- incurred in relation to the scheme before 6 April 2006, and
- arising from a withdrawal of approval where the notice of withdrawal was issued on or after 6 April 2006.
Approved personal pension schemes
The scheme administrator is the person who immediately before 6 April 2006 was the administrator of the scheme in accordance with section 638(1) ICTA 1988. That is the UK resident person who was responsible for the management of the scheme.
Any tax liability or other obligation of the administrator immediately before 6 April 2006 transferred to the person who was the scheme administrator when the scheme automatically became a registered pension scheme on 6 April 2006. In this context tax liability and obligation includes those:
- incurred in relation to the scheme before 6 April 2006, and
- arising from a withdrawal of approval where the notice of withdrawal was issued on or after 6 April 2006.
Retirement annuity contracts (RACs)
The scheme administrator is the trustees of a trust based RAC or the insurance company which is a party to the insurance contract comprising the RAC.
Parliamentary pension schemes or funds
The scheme administrator is the trustees of the relevant scheme or fund on 5 April 2006.
Pre 6 April 2006 deferred annuity contracts (DACs)
The scheme administrator is the insurance company that is a party to the deferred annuity contract.