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Legislation
Finance Act 2004

Crossheading Non-UK schemes: the overseas transfer charge

  • Section 244A Overseas transfer charge
  • Section 244AA Overseas transfer charge: introduction
  • Section 244AB Overseas transfer charge: interpretation
  • Section 244AC Overseas transfer charge: transfers where no exclusion applies
  • Section 244B Exclusion: member and receiving scheme in same country
  • Section 244C Exclusion: receiving scheme in EEA state or Gibraltar, and member resident in UK or EEA state
  • Section 244D Exclusion: receiving scheme is an occupational pension scheme
  • Section 244E Exclusion: receiving scheme set up by international organisation
  • Section 244F Exclusion: receiving scheme is an overseas public service scheme
  • Section 244G Exclusions: avoidance of double charge, and transitional protections
  • Section 244H Power to provide for further exclusions
  • Section 244I Circumstances in which exclusions do not apply
  • Section 244IA Overseas transfer charge: transfers exceeding available allowance
  • Section 244IB Member’s overseas transfer allowance
  • Section 244IC Availability of member’s overseas transfer allowance
  • Section 244ID Information to be provided by relieved relevant non-UK scheme on block transfer
  • Section 244J Persons liable to charge
  • Section 244JA Amount of charge
  • Section 244K Meaning of “transferred value”
  • Section 244L Accounting for overseas transfer charge by scheme managers
  • Section 244M Repayments of charge on subsequent excluding events
  • Section 244N Discharge of liability of scheme administrator or manager
  1. Non-UK schemes: the overseas transfer charge
  2. Discharge of liability of scheme administrator or manager

Section 244N | Discharge of liability of scheme administrator or manager

From legislation.gov.uk

(1)In this section “operator” means—

(a)the scheme administrator of a registered pension scheme, or

(b)the scheme manager of a QROPS or former QROPS.

(2)If an operator is liable under section 244J, the operator may apply to an officer of Revenue and Customs for the discharge of the operator's liability on the following ground.

(3)The ground is that—

(a)the operator reasonably believed that there was no liability to the overseas transfer charge on the transfer concerned, and

(b)in all the circumstances of the case, it would not be just and reasonable for the operator to be liable to the charge on the transfer.

(4)On receiving an application under subsection (2), an officer of Revenue and Customs must decide whether to discharge the operator's liability.

(5)An officer of Revenue and Customs must notify the operator of the decision on the application.

(6)The discharge of the operator's liability does not affect the liability of any other person to overseas transfer charge on the transfer concerned.

(7)The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision supplementing this section, including provision for time limits for making an application under this section.

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