Regulation 11BA Information provided by members to scheme administrators: recognised transfersF1
United Kingdom
Paragraph (2) applies where a member of a registered pension scheme makes a request to the scheme administrator to make a recognised transfer (“transfer request”) in respect of a qualifying recognised overseas pension scheme.
The member must provide to the scheme administrator—
the member’s—
name;
date of birth;
principal residential address and, where that address is not in the United Kingdom, the member’s last principal residential address in the United Kingdom;
if the member is no longer resident in the United Kingdom, the date that the residence ceased;
national insurance number or, where applicable, confirmation in writing that the member does not qualify for a national insurance number;
telephone number, if any, which the member provides for use by the scheme administrator or the Commissioners in relation to the scheme;
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the name and address of, and (if known) the reference number given by the Commissioners for, the qualifying recognised overseas pension scheme (“the QROPS”);
the country or territory under the law of which the QROPS is established and regulated;
whether the member knows for certain that the transfer would be excluded from the overseas transfer charge by one of sections 244D, 244E and 244F, and if the member does know that for certain—
the section concerned (if known),
the name and address of the member's employer whose connection with the QROPS gives rise to exclusion of the transfer from the charge,
the member's job title as an employee of that employer,
the date the member's employment with that employer began, and
if known, that employer's tax reference for that employment;
a statement of the nature and transferred value of any transfers that have previously been made in relation to the member—
from any registered pension scheme or relieved relevant non-UK scheme of which the member is, or was at any time after 6 April 2006, a member, and
to a qualifying recognised overseas pension scheme.
a statement of the amount of the member’s overseas transfer allowance that is available on the making of the transfer;
the member’s acknowledgement in writing that the member is aware that a transfer other than a recognised transfer to a qualifying recognised overseas pension scheme of sums or assets held for the purposes of, or representing accrued rights under, an arrangement under a registered pension scheme—
gives rise to a liability under section 208 (unauthorised payments charge); and
may give rise to a liability under section 209 (unauthorised payments surcharge) F7; and
the member's acknowledgement in writing that the member—
is aware that a recognised transfer to a qualifying recognised overseas pension scheme may give rise to a liability to overseas transfer charge, and
is aware of the circumstances in which liability arises, in which liability is excluded from the outset and in which liability is excluded only if conditions continue to be met over a period of time.
The information specified in paragraph (2) must be provided within 60 days beginning with the day of the transfer request.
The scheme administrator must send the member notification of the requirements specified in this regulation within 30 days beginning with the day of the transfer request.
Annotations
Textual amendments
- F1
Reg. 11BA inserted (6.4.2012) by The Registered Pension Schemes and Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/884), regs. 1(1), 13
- F2
Reg. 11BA(2)(a)(iiia) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2013 (S.I. 2013/1742), regs. 1(1), 6
- F3
Reg. 11BA(2)(a)(vi)(vii) omitted (with effect in accordance with Sch. 4 para. 25 of the amending Act) by virtue of Finance Act 2017 (c. 10), Sch. 4 para. 24(4)(a) (with Sch. 4 para. 24(8))
- F4
Reg. 11BA(2)(aa)-(ac) inserted (with effect in accordance with Sch. 4 para. 25 of the amending Act) by Finance Act 2017 (c. 10), Sch. 4 para. 24(4)(b) (with Sch. 4 para. 24(8))
- F5
Reg. 11BA(2)(ad) inserted (for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 9 paras. 113, 124 (with Sch. 9 paras. 125-132A) (as amended by S.I. 2024/356, regs. 1, 4)
- F6
Reg. 11BA(2)(ae) inserted (18.11.2024 for the tax year 2024-25 and subsequent tax years) by The Pensions (Abolition of Lifetime Allowance Charge etc) (No. 2) Regulations 2024 (S.I. 2024/1012), regs. 1(2)(3), 24(4)
- F7
Reg. 11BA(2)(c) and word inserted (with effect in accordance with Sch. 4 para. 25 of the amending Act) by Finance Act 2017 (c. 10), Sch. 4 para. 24(4)(c) (with Sch. 4 para. 24(8))
Modifications
- C1
Reg. 11BA(3) excluded (14.10.2013) by The Registered Pension Schemes and Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/2259), regs. 1, 6(2)
- C2
Reg. 11BA(4) excluded (14.10.2013) by The Registered Pension Schemes and Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/2259), regs. 1, 6(3)