UK: Good News For Pension Scheme Trustees - HMRC Simplifies Anti-Money Laundering Reporting Requirement

Last Updated: 19 December 2018
Article by Jason Coates

HMRC has changed its policy on how affected pension schemes can satisfy the reporting obligation under Regulation 45 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 ("AML Regulations"). This is a welcome simplification for those occupational pension schemes that fall within the scope of the regulation.

KEY POINTS

1. AML regulations

The AML regulations impose (amongst other things) a duty on affected occupational pension schemes to report certain "beneficial ownership" information to HMRC and to update that information from time to time.

2. Taxable relevant trust

A pension scheme will be subject to this duty if, in the relevant tax year, it incurs a charge to any of the stipulated UK taxes, including stamp duty land tax and stamp duty reserve tax. Such schemes are "taxable relevant trusts" and have to meet the reporting requirements by the end of the January following the relevant tax year.

3. Trust Registration Service

For the first year of compliance, a taxable relevant trust had to register on HMRC's Trust Registration Service (TRS) and provide the relevant information on TRS by 31 March 2018 (delayed from the usual January deadline date in that first year).

4. HMRC's change in policy

Taking into account the difficulties pension schemes experienced using TRS, HMRC has changed its policy and relaxed the reporting requirement.

BACKGROUND

Trustees of a "taxable relevant trust" must provide "beneficial ownership" information to HMRC under Regulation 45 of the AML Regulations. A pension scheme will be a "taxable relevant trust" if it is liable in the relevant tax year to any of the following UK taxes: income tax, capital gains tax, inheritance tax, stamp duty land tax (SDLT), stamp duty reserve tax (SDRT) or land and buildings tax. We wouldn't expect many schemes to incur an income tax or inheritance tax charge, but there may be more schemes who have incurred the SDLT or SDRT charge. Trustees should speak to their investment advisers to check whether any such charges have been incurred in relation to the scheme's investments in respect of the 2017/2018 tax year.

For the first year of compliance, affected pension schemes had to register on HMRC's Trust Registration Service (TRS) and provide the relevant information on TRS by 31 March 2018 (delayed from the 31 January 2018 deadline date for that first year). A pension scheme was a "taxable relevant trust" for this purpose if it had incurred a prescribed UK tax charge in the tax year 2016/2017.

Where a pension scheme incurs a prescribed tax charge again in any subsequent tax year, there is an obligation under Regulation 45 to notify HMRC of any changes to the information originally submitted. This was originally intended to be done through TRS as well.

As 2018 draws to a close, schemes will be thinking of these requirements again, this time in connection with the 2017/2018 tax year and the 31 January 2019 deadline.

WHAT'S CHANGED?

Taking into account the difficulties pension schemes have had over the last year with TRS, HMRC has changed its policy. Provided scheme details are kept up-to-date on the Manage and Register Pension Schemes Service (MRPS) or the Pension Schemes Online Service (PSO), HMRC will consider a pension scheme (that is a taxable relevant trust) and their trustees as having met their AML reporting obligations. HMRC's has issued various statements on its new approach; see for example its Newsletter 98 and Newsletter 103.

So, there is no need to register on TRS or indeed use TRS to submit or update any information for purposes of Regulation 45, provided a scheme is registered with MRPS or PSO. We would expect most pension schemes to be registered with MRPS or PSO. However, if a scheme is not registered with MRPS or PSO and it is a taxable relevant trust, then it will have to carry on using TRS for purposes of complying with Regulation 45.

If a scheme has already registered on TRS, it is possible to contact TRS for the entry to be removed.

OTHER AML OBLIGATIONS REMAIN

Note that this doesn't in any way affect or change any of the other obligations placed on occupational pension schemes by the AML Regulations, such as the duty to keep accurate and up-to-date records in writing of the beneficial owners of the trust and to disclose that information to any of the prescribed law enforcement authorities.

WHAT NEXT?

HMRC's change of heart is a welcome simplification. Trustees should still check whether they are subject to the AML reporting requirement and in the first instance, speak to their investment advisers about whether the scheme has incurred a UK tax charge for the 2017/2018 tax year. If it has though, they can take comfort from knowing that complying with their obligations will be a much more straightforward process, provided the scheme is registered with MRPS or PSO.

Read the original article on GowlingWLG.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Events from this Firm
7 Nov 2019, Seminar, Birmingham, UK

Providing content specifically tailored to the needs of GCs and Heads of Legal working in government organisations and their affiliates.

14 Nov 2019, Seminar, London, UK

Providing content specifically tailored to the needs of GCs and Heads of Legal working in government organisations and their affiliates.

Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions