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Legislation
Finance Act 2004

Crossheading Unauthorised member payments

  • Section 172 Assignment
  • Section 172A Surrender
  • Section 172B Increase in rights of connected person on death
  • Section 172BA Increase in rights on death arising from alternatively secured pension fund etc
  • Section 172C Allocation of unallocated employer contributions
  • Section 172D Limit on increase in benefits
  • Section 173 Benefits
  • Section 174 Value shifting
  • Section 174A Taxable property held by investment-regulated pension schemes
  1. Unauthorised member payments
  2. Taxable property held by investment-regulated pension schemes

Section 174A | Taxable property held by investment-regulated pension schemes

From legislation.gov.uk

(1)An investment-regulated pension scheme is to be treated as making an unauthorised payment to a member of the pension scheme if—

(a)the pension scheme acquires an interest in taxable property, and

(b)the interest is held by the pension scheme for the purposes of an arrangement under the pension scheme relating to the member.

(2)An investment-regulated pension scheme is to be treated as making an unauthorised payment to a member of the pension scheme if—

(a)an interest in taxable property is held by the pension scheme for the purposes of an arrangement under the pension scheme relating to the member, and

(b)the property is improved.

(3)An investment-regulated pension scheme is to be treated as making an unauthorised payment to a member of the pension scheme if—

(a)an interest in property which is not residential property is held by the pension scheme for the purposes of an arrangement under the pension scheme relating to the member, and

(b)the property is converted or adapted to become residential property.

(4)Schedule 29A makes provision supplementing this section; and in that Schedule—

(a)Part 1 defines “investment-regulated pension scheme”,

(b)Part 2 defines “taxable property” (and “residential property”),

(c)Part 3 explains what it means to acquire, and to hold, an interest in taxable property, and

(d)Part 4 contains provision for calculating the amounts of unauthorised payments treated as made by this section and explains when the unauthorised payments are treated as made.

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