Part 4U.K.Pension schemes etc

Modifications etc. (not altering text)

C7Pt. 4 modified (1.7.2008) (N.I.) (with effect in accordance with reg. 1 of the amending Rule) by The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008/256), regs. 1, 124(1) (with regs. 134, 258)

C9Pt. 4 applied (21.7.2009) by Finance Act 2009 (c. 10), Sch. 35 para. 18

C10Pt. 4 modified (19.7.2011) by Finance Act 2011 (c. 11), Sch. 18 para. 14(3)

C11Pt. 4 applied (with modifications) (with application in accordance with Sch. 22 para. 1 of the amending Act) by Finance Act 2013 (c. 29), Sch. 22 para. 1(2)

C12Pt. 4 modified (17.7.2014) by Finance Act 2014 (c. 26), Sch. 6 para. 1(2)(3)

C13Pt. 4: power to amend conferred (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), s. 4(3)

C14Pt. 4 modified (15.9.2016) by Finance Act 2016 (c. 24), Sch. 4 para. 1

C15Pt. 4 modified (15.9.2016) by Finance Act 2016 (c. 24), Sch. 4 para. 9(2)

Chapter 6U.K.Schemes that are not registered pension schemes

Modifications etc. (not altering text)

Employer-financed retirement benefit schemesU.K.

[F1246ACase where no relief for provision by an employerU.K.

(1)An employer's expenses of providing relevant benefits to or in respect of a present or former employee (“the employee”) under an employer-financed retirement benefits scheme (whether or not by the making of contributions under the scheme) are not subject to relief if subsection (2) applies.

(2)This subsection applies where—

(a)the provision of the relevant benefits results in a reduction in the benefits payable to or in respect of the employee under a registered pension scheme, or

(b)a reduction in the benefits payable to or in respect of the employee under a registered pension scheme results in the provision of the relevant benefits.

(3)But if the extent to which contributions paid by the employer under the registered pension scheme in respect of the employee are subject to relief has been restricted in accordance with regulations under section 196A, the employer's expenses of providing the relevant benefits are not prevented from being subject to relief to the extent that is just and reasonable.

(4)The references in this section to expenses of an employer being subject to relief are to—

(a)their being deductible in computing the amount of the profits of the employer for the purposes of Part 2 of ITTOIA 2005 [F2or Part 3 of CTA 2009 (trading income)],

(b)their being expenses of management of the employer for the purposes of [F3Chapter 2 of Part 16 of CTA 2009] (expenses of management: companies with investment business), or

(c)their being [F4ordinary BLAGAB management expenses of the employer for an accounting period for the purposes of section 76 of FA 2012 ],

(depending on which is appropriate in relation to the employer).

(5)In this section—

  • “employer-financed retirement benefits scheme”, and

  • “relevant benefits”,

have the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see sections 393A and 393B of that Act).]

Textual Amendments

F1S. 246A inserted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 40, 64(1)

F2Words in s. 246A(4)(a) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 579(a) (with Sch. 2 Pts. 1, 2)

F3Words in s. 246A(4)(b) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 579(b) (with Sch. 2 Pts. 1, 2)

F4Words in s. 246A(4)(c) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 121