[Part 4 Amount and Timing of Unauthorised Payment]
Finance Act 2004 (2004 c 12) | Legislation

[Part 4 Amount and Timing of Unauthorised Payment]

[Introduction

31

(1)     This Part of this Schedule has effect for determining—

(a)     the amount of an unauthorised payment treated as made to a member of an investment-regulated pension scheme by virtue of section 174A, and

(b)     the time when such a payment is treated as made.

(2)     The amount is determined by—

(a)     finding the total taxable amount in relation to the unauthorised payment (see paragraphs 32 to 40),

(b)     apportioning that amount to the pension scheme (see paragraphs 41 to 43),

(c)     in a case to which paragraph 28 applies (acquisition etc of further interest in vehicle), making an adjustment under paragraph 44 to the amount mentioned in paragraph (b), and

(d)     apportioning that amount to the member to whom the payment is treated as made in accordance with paragraph 45.

Acquisition: basic rules

32

(1)     This paragraph applies to a case within subsection (1) of section 174A (acquisition of an interest in taxable property).

(2)     The unauthorised payment is treated as made when the interest in the property is acquired by the pension scheme.

(3)     If the interest in the property is acquired because

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