Revenue Note for Guidance

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Revenue Note for Guidance

Schedule 23

[Section 770]

Occupational Pension Schemes


Part 1 of this Schedule contains provisions relating to administration, including a provision under which the Revenue Commissioners are empowered to make regulations, in connection with the approval of occupational pension schemes under Chapter 1 of Part 30. Part 2 of this Schedule is concerned with charging certain payment to tax under Schedule E.



Application for approval of a scheme

par 1 An application for the approval for the purposes of Chapter 1 of Part 30 of any retirement benefits scheme is to be made in writing by the administrator of the scheme to the Revenue Commissioners, in the form and manner they may specify, before the end of the first year of assessment for which approval is required. The application is to be supported by —

  • a copy of the instrument or other document constituting the scheme,
  • a copy of the rules of the scheme and, where appropriate, a copy of the accounts of the scheme for the last year for which such accounts have been made up, and
  • such other information and particulars as the Revenue Commissioners may consider relevant.

Information about payments under approved schemes

par 2 The inspector may, by way of notice in writing, require the administrator of the scheme and every employer who pays contributions under the scheme to —

  • furnish particulars of contributions paid under the scheme;
  • deliver a return containing particulars of all payments under the scheme;
  • furnish a copy of the most recent accounts of the scheme as the inspector considers relevant.

par 2A Any information sought shall be provided in the form and manner specified in the relevant notice.

Information to be provided in electronic format

par 2B The administrator of a scheme that has to deliver annual scheme accounts to Revenue must, for accounting years ending on or after 1 January 2011, deliver the accounts in electronic format.

Information to be provided in respect of pre-retirement access to additional voluntary contributions

par 2C Par 2C Administrators of AVC funds (within the meaning of section 782A(1)(a)) are required to provide, within 15 working days of the end of each quarter (commencing with the quarter ending on 30 June 2013), certain statistical information to Revenue in relation to AVC preretirement transfers made during the quarter in question. The information, which must be provided electronically, is as follows –

  • the number of transfers made,
  • the aggregate value of transfers made, and
  • the tax deducted from the aggregate value of the transfers made.

For the purpose of this Schedule a “quarter” means a period of 3 consecutive months ending on 31 March, 30 June, 30 September or 31 December.

Information about schemes other than approved schemes or statutory schemes

par 3 In the case of a retirement benefits scheme which is neither an approved scheme nor a statutory scheme, an employer is obliged —

  • to deliver particulars of that scheme to the inspector within 3 months beginning on the date on which the scheme first comes into operation in relation to any of the employer’s employees, and
  • when required to do so, to furnish to the inspector particulars with regard to —
    • any retirement benefits scheme relating to the employer, or
    • the employees of that employer to whom any such scheme relates.

The administrator of any such scheme is obliged, when required to do so, to furnish to the inspector such particulars as the inspector may require with regard to the scheme.

Responsibility of administrator of a scheme

par 4 Where the administrator of a retirement benefits scheme defaults, cannot be traced or dies, the employer is responsible in place of the administrator for the discharge of all duties imposed on the administrator and is liable for any tax due from the administrator in the capacity as administrator. The liability of the administrator of a scheme, or an employer, is not affected by the termination of the scheme or by its ceasing to be an approved scheme or an exempt approved scheme, or by the termination of the appointment of the person mentioned in section 772(2)(c)(ii).


par 5 The Revenue Commissioners may make regulations generally for the purposes of Chapter 1 of Part 30 and this Schedule. No such regulations have been made to date.


Charge to tax in respect of unauthorised and certain other payments

par 6 to 9 Part 2 of this Schedule imposes a charge to tax under Schedule E on an employee in respect of —

  • payments made contrary to the conditions on which a scheme is approved for tax purposes, and
  • payments made after the cessation of approval, which would not have been expressly authorised by the rules when the scheme was last so approved.

Relevant Date: Finance Act 2021