Regulation 3 Amendments to the Pensions Schemes (Taxable Property Provisions) Regulations 2006
The Pensions Schemes (Taxable Property Provisions) Regulations 2006f1 are amended as follows.
In regulation 10 (scheme chargeable payment on income and gains from non-UK taxable property)—
in paragraph (3) for ‘subject to paragraphs (4) to (6)’, substitute ‘subject to paragraphs (4) and (5)’,
for paragraph (5) substitute—
“(5)Where a member is temporarily non-resident at a time when a scheme chargeable payment would, but for this regulation, be treated as made by virtue of section 185Ff2, that member shall be liable to the property enjoyment scheme sanction charge so far as relating to that scheme chargeable payment, as if that scheme chargeable payment were treated as made in the period of return.”,
omit paragraph (6),
in paragraph (7) for “renewed residence period” substitute “period of return”, and
after paragraph (7) insert—
“(8)In this regulation—
(a)“period of return” has the meaning given in paragraph 115 of Schedule 45 to the Finance Act 2013f3 (statutory residence test: anti-avoidance),
(b)“temporarily non-resident” has the meaning given in paragraph 110 of that Schedule.”.
Annotations
Footnotes
- f1
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S.I. 2006/1958; amended by S.I. 2013/605.
- f2
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Section 185F was inserted by paragraphs 2 and 6 of Schedule 21 to the Finance Act 2006.
- f3