The Employer-Financed Retirement Benefits Schemes (Provision of Information) Regulations 2005

• Citation: S.I. 2005/3453
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Employer-Financed Retirement Benefits Schemes (Provision of Information) Regulations 2005 and shall come into force on 6th April 2006.

Section 2 Interpretation

(1) In these Regulations—

“ the Act ” means the Finance Act 2004; and

“ ITEPA 2003 ” means the Income Tax (Earnings and Pensions) Act 2003 .

(2) In these Regulations—

“employer-financed retirement benefits scheme” has the same meaning as in section 393A of ITEPA 2003 ;

“relevant benefits” has the same meaning as in section 393B of ITEPA 2003;

“responsible person” has the same meaning as in section 399A of ITEPA 2003;

“year of assessment” means a year beginning with 6 th April in any year and ending with 5 th April in the following year.

Section 3 Prescribed person

The responsible person in relation to an employer-financed retirement benefits scheme is the person prescribed for the purposes of these Regulations.

Section 4 Provision of information in relation to the coming into operation of schemes

(1) The responsible person shall supply to the Board the particulars prescribed in paragraph (3) on or before 31st January next following the end of the year of assessment during which the scheme first came into operation.

(2) For the purposes of this regulation a scheme “comes into operation” on whichever is the first date, on or after that on which these Regulations come into force, on which—

(a) an employer makes a contribution to that scheme ; or

(b) relevant benefits are provided.

(3) The prescribed information for the purposes of this paragraph is—

(a) the name of the scheme;

(b) the address of the responsible person; and

(c) the date the scheme came into operation.

Section 5 Provision of information in relation to relevant benefits

(1) The responsible person shall supply to the Board the particulars prescribed in paragraph (3) in respect of all relevant benefits provided during the year of assessment at the time prescribed by paragraph (4).

This is subject to the following qualification.

(2) Information is not required to be supplied under this regulation in respect of pensions which are chargeable to tax under Chapter 2 of Part 9 of ITEPA 2003.

(3) The prescribed information is—

(a) the name, address and national insurance number of the recipient of the relevant benefit;

(b) the nature of the relevant benefit provided; and

(c) the amount of the relevant benefit calculated in accordance with section 398(2) of ITEPA 2003.

(4) The prescribed time is not later than 7 th July following the end of the year of assessment in which the relevant benefit was provided.