Paragraph 10 schedule 36 finance act 2008
Hmrc will not confirm the easy way to learn c plus plus fit and proper status of a scheme administrator.
Anyone who fails to comply with such an information notice may be liable to penalties.
The penalties that apply are the same as those that apply for failure to comply with an information notice issued under Schedule 36 of Finance Act 2008 - see CH26630 (external users please see m ).
Such an information notice can be issued to the scheme administrator or to any other person.For example, hmrc may be aware that an individual has been involved in fraudulently claiming tax credits.The greater the level of involvement by the knowledgeable adviser with the scheme and its administration, the greater the weight given to the scheme administrators relationship with that adviser in considering whether the fit and proper person criteria are satisfied.Each situation will be different but the person who is the scheme administrator must be satisfied that they will be able to properly fulfil the role of scheme administrator for that particular scheme, and be able to demonstrate that if necessary.If the hmrc inspection visit has not been approved by a tribunal see CH25650 (external users please see m ).Such persons normally do not have a detailed knowledge of pensions and pensions tax legislation.The scheme administrator may be the employer who set up the scheme or one or more of the directors of a sponsoring employer.However, hmrc needs to be satisfied that the reporting and operational duties of the scheme administrator will be carried out properly.Top of page, hMRC enquiries into fit and proper status.Hmrc does not offer a clearance service to confirm whether or not a scheme administrator, or a person who is looking to become a scheme administrator, is a fit and proper person.
Power to inspect documents Sections 159B, 159C and 159D Finance Act 2004 Under Section 159B Finance Act 2004 hmrc may enter business premises to inspect documents on the premises, if hmrc reasonably requires to inspect those documents for the purpose of considering if the scheme.
Enquiries into the scheme administrator may be carried out: Before the scheme is registered (for registration office 2007 professional activation key applications made on or after 1 September 2014.
In some cases hmrc may ask a tribunal to approve the inspection.However, it does not necessarily follow that if the Pensions Regulator considers a person to be suitable to act as trustee of scheme, that the person will necessarily be considered to be a fit and proper person to be a scheme administrator.Where the scheme administrator is or includes a corporate body, hmrc will consider whether the directors or those controlling the management of the body are fit and proper persons.In addition hmrc may de-register a pension scheme if a scheme administrator fails to comply with an information notice, provides materially inaccurate information or a document that contains a material inaccuracy - see PTM033200.All the persons that make up the scheme administrator must be a fit and proper person to be a pension scheme administrator.What does employing an advisor with pensions knowledge mean?Factors that may lead to hmrc deciding that the scheme administrator is not a fit and proper person include, but are not limited to, where it appears to hmrc that the scheme administrator: does not have sufficient working knowledge of the pensions and pensions tax.
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