PTM134300 - Unauthorised payments: the unauthorised payments charge and the unauthorised payments surcharge: reporting and paying the charges
Glossary PTM000001
Event report
Responsibility of the liable person
Liable employers who are companies
Event report
Regulations 3 and 4 »Ê¹ÚÌåÓýapp Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567
»Ê¹ÚÌåÓýapp scheme administrator should report the details of any payment of an unauthorised payment on the Event Report.
Responsibility of the liable person
»Ê¹ÚÌåÓýapp person liable to the unauthorised payments charge and unauthorised payments surcharge can either:
- if they are a scheme member, ask the scheme to pay the tax using the mandating procedure
- declare the payment on their Self Assessment return. Where a person does not receive a Self Assessment return (and does not use the mandating procedure) they must report their chargeability to tax in respect of the payment to HM Revenue and Customs (HMRC).
»Ê¹ÚÌåÓýapp mandating procedure
Schemes don’t have to offer the mandating procedure to their members. If they do, the member completes a mandate giving the scheme administrator the authority to deduct tax from the member’s unauthorised payment and pay the tax to HMRC. »Ê¹ÚÌåÓýapp details are recorded on an event report that the administrator sends to HMRC annually - see PTM161100.
If the member doesn’t sign the mandate or the scheme doesn’t use the mandating procedure the member must report and pay the tax using Self Assessment.
»Ê¹ÚÌåÓýapp advantage to the scheme of using the mandating procedure is that the scheme administrator will know how much scheme sanction charge they will have to pay.
Late payment
»Ê¹ÚÌåÓýapp unauthorised payment should be reported in the return for the year in which it is made (unless the mandating procedure is being used). »Ê¹ÚÌåÓýapp due date for payment will relate to that year. »Ê¹ÚÌåÓýapp normal interest and penalty rules for Income Tax apply. Refer to the Compliance Handbook.
Liable employers who are companies
Regulation 5 »Ê¹ÚÌåÓýapp Registered Pension Schemes (Provision of Information) Regulations 2006 - SI 2006/567
Regulation 5 »Ê¹ÚÌåÓýapp Registered Pension Schemes and Overseas pension schemes (Electronic Communication of Returns and Information) Regulations 2006 - SI 2006/570
Where a registered pension scheme makes an unauthorised employer payment to a company, that company is required to provide HMRC with the information detailed at PTM160500 no later than 31 January following the tax year of payment.
»Ê¹ÚÌåÓýapp company must provide this information to the HMRC office dealing with the tax affairs of the employer in respect of whom the unauthorised employer payment was made. »Ê¹ÚÌåÓýapp reports should not be sent to HMRC Pension Schemes Services.
This information may be provided by electronic means.