Is your pension scheme fit and proper?

By Mattioli Woods

23 Nov 2015

Taylor Patterson has seen an increased number of enquiries from individual members seeking help with their pension schemes. This has largely been down to the “Fit and Proper” legislation introduced by HMRC in September 2014. The legislation states that all scheme administrators should be fit and proper.

Why have HMRC introduced ‘Fit and proper’?

The legislation was designed to help with the fight against pension’s liberation as it gives HMRC the powers to refuse to register pension schemes. It also gives HMRC the power to deregister existing schemes.

HMRC are keen to ensure that as pension funds receive many beneficial tax breaks, that the funds in these schemes are used for their intended purpose of providing pension benefits.

The intention of this legislation is a further step by the Government to ensure pension schemes are only registered and run by appropriate people. This is to make it harder for fake arrangements and pension schemes to be set up, and for tax avoiders and fraudsters to set up and run registered pension schemes with a view to misusing the tax relieved funds and abusing pension tax reliefs.

HMRC and The Pensions Regulator have been trying to educate the public regarding pension liberation and pension scams, to protect people’s pension savings.

How does HMRC define a fit and proper scheme administrator?

There is no definition of a fit and proper person, HMRC have simply given guidance on what they expect from a pension scheme administrator. HMRC will therefore assume all scheme administrators are fit and proper unless they have cause to believe otherwise.

A scheme administrator is likely to be considered a fit and proper person if they are familiar with, and capable of competently performing, the appropriate responsibilities and there is nothing in their past behaviour to suggest they should not be responsible for the financial management of a pension scheme.

What factors do HMRC consider in deciding if a scheme administrator is NOT a fit and proper person?having insufficient working knowledge of pensions and pensions tax legislation, or not employing an adviser with this knowledge; previous involvement with pensions liberation; previous involvement in a pension scheme that has been de-registered by HMRC; involvement in tax fraud, abuse of tax repayment systems, or other fraudulent behaviour; criminal convictions relating to finance, corporate bodies or dishonesty; being or having been subject to civil proceedings relating to finance, corporate bodies or dishonesty/misconduct; any connection or participation in designing or marketing tax avoidance schemes; employing an adviser involved with pension liberation or tax avoidance; being disqualified from acting as a pension scheme trustee, or any serious contravention of the pensions regulatory system or any other professional or governmental regulatory body or system; and being disqualified from acting as a company director, or having been declared bankrupt. One of the easy triggers for HMRC to spot would be for example, if schemes are late with their returns or haven’t filed them for a number of years. It would be easy to consider the possibility that these are not being correctly administered. If member trustees have previously had a fall out with their professional trustee, who has resigned, the role of scheme administrator generally falls to the member trustees. The fines for getting the scheme administration wrong can be steep. De-registration will cost the pension scheme members 40% of the fund value and they will then pay tax at their highest marginal rate to withdraw the funds.

Latest news

1

Working on wellbeing

Working on wellbeing

26 Apr 2024

2

New skills hub to boost employability of Blackpool residents Realise Skills Hub

New skills hub to boost employability of Blackpool residents

26 Apr 2024

3

Don't fixate on the figures when investing Laurence OConnor Financial Affairs

Don't fixate on the figures when investing

26 Apr 2024

4

Fagan & Whalley will attend Multimodal 2024 Multimodal.jpg.jpg

Fagan & Whalley will attend Multimodal 2024

26 Apr 2024

5

£10m sports hub approved for Preston park Ashton Park Sports Hub Visual

£10m sports hub approved for Preston park

26 Apr 2024

Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Business Networking in Preston- BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Preston- BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry
LBV Hub Webinar
30 Apr 2024 - 30 Apr 2024

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry

Online - Zoom, Blackpool, FY4 2FG

10:00 - 11:00

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

FREE online event - 30 Minutes: How to decarbonise your business
BU 2024 Events2.jpg.jpg
LBV Hub Webinar
01 May 2024

FREE online event - 30 Minutes: How to decarbonise your business

Online, Blackpool , FY4 1EW

10:00 - 10:30

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
01 May 2024 - 01 May 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
01 May 2024

Business Networking in Preston - BNI Diamond

The Marriot Hotel, Garstang Road, Broughton, PR3 5JB

07:15 - 09:00

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
01 May 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
02 May 2024

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
02 May 2024 - 02 May 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

30 Minutes: How to decarbonise your business FREE Online Event
BU 2024 Events2.jpg.jpg
LBV Hub Webinar
02 May 2024

30 Minutes: How to decarbonise your business FREE Online Event

Online, Blackpool , FY4 1EW

14:00 - 14:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv115 Online Graphic
Subscribe now

Weekly news bulletin