Part 1 Denial of Relief for Contributions Paid During Period 29 November 2011 to 21 February 2012

SCHEDULE 13 Employer Asset-Backed Pension Contributions etc

Section 48

Part 1 Denial of Relief for Contributions Paid During Period 29 November 2011 to 21 February 2012

1

In Chapter 4 of Part 4 of FA 2004 (registered pension schemes: tax reliefs and exemptions) after section 196A insert—

“196B Employer asset-backed contributions: denial of relief (1)

(1)     An employer (“Eâ€) is not to be given relief in respect of a contribution (“E's contributionâ€) paid by E under a registered pension scheme if conditions A, B and C are met.

(2)     Condition A is that—

(a)     under an arrangement (“the asset-backed arrangementâ€)—

(i)     a person (“the borrowerâ€) receives money or another asset (“the advanceâ€) from another person (“the lenderâ€),

(ii)     the borrower, or a person connected with the borrower, makes a disposal of an asset (“the securityâ€) to or for the benefit of the lender or a person connected with the lender, and

(iii)     the lender, or a person connected with the lender, is entitled to payments in respect of the security,

(b)     the borrower is E or a person connected with E, and

(c)     the advance is (wholly or partly) paid or provided by the lender out of E's contribution (directly

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