Yesterday HMRC published a set of new RPSM pages on the operation of The Special Annual Allowance Charge (Protected Pension Input Amounts) Order 2010 SI 2010/429). Running to 41 pages, this substantially amplifies and clarifies the the Overview Note reported last week on this site. In order to make it available at the earliest opportunity, HMRC has issued this new guidance initially as a standalone pdf document, but we expect it to be incorporated into Chapter 15 of the online Registered Pension Schemes Manual in due course.

RPSM guidance has also been promised at the next available opportunity to reflect new information gathering arrangements. These are the subject of three new and related SIs, also published yesterday, which relate to the collection and provision of information by and to HMRC concerning the taxation of pension schemes. New powers set out in Sch 36 FA 2008, as amended by Sch 48 FA 2009 in relation to pension schemes come into force on 1 April 2010 via SI 2009/3054. That Order also repeals the specialist information powers relating to registered pension schemes in ss.252, 253 and 259 FA 2004 from the same date.

As a consequence of those repeals and the new information gathering powers in relation to registered pension schemes, amendments to other secondary legislation are required. These instruments make those amendments.

1. The Registered Pension Schemes etc. (Information) (Prescribed Descriptions of Persons) Regulations 2010 (SI 2010/650)

Sch 36 enables HMRC to seek information from taxpayers about their tax position and also from third parties. It also allows HMRC to seek information from a third party in relation to a taxpayer whose identity is not known. Under para 34B of Sch 36, a notice requiring information from a third party in relation to a pensions matter must be copied to the scheme administrator for the registered pension scheme (or the person responsible for the EFRBS, as the case may be) which the notice relates to. That requirement is lifted if the notice requiring information is served on a person who falls within a description prescribed in regulations.

These regs prescribe descriptions of person for that purpose and in particular provide that where an information notice is served on a scheme administrator or responsible person it need not also be copied to those individuals, to avoid unnecessary duplication. They also provide that where the information notice is served on a third party for the purposes of identifying the scheme administrator or responsible person the notice need not be copied to those individuals, to avoid uncertainty about HMRC's powers to serve information notices in those circumstances.

2. The Registered Pension Schemes (Enhanced Lifetime Allowance) (Amendment) Regulations 2010 (SI 2010/651)

An individual can have an enhanced lifetime allowance, provided that notice of intention to rely on the provisions that allow for this ("an intention notice") is given in accordance with regulations, and there is then no liability to the LTA charge. The Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 (SI 2006/131, as amended) contain the provisions about the giving of intention notices. They also contain additional provisions of an administrative nature, in particular to do with compliance checks by HMRC. Sch 36 now also contains an administrative procedure in connection with compliance checks. Accordingly, the 2006 regs are amended by these new regs to refer to the procedural steps set out for compliance checks in Sch 36.