Discovery for unauthorised transfer payments

The taxpayers transferred pensions from registered schemes to the Wenns International Pension Scheme (WIPS) in 2009-10. WIPS was based overseas and until September 2010 was included on HMRC’s qualifying recognised overseas pension scheme (QROPS) list.

HMRC said the transfers gave rise to unauthorised payments charges and surcharges (FA 2004 s 208 and s 209) because WIPS was not a qualifying overseas scheme. It raised discovery assessments to collect the tax.

The taxpayers appealed. They said WIPS was on the QROPS list when the transfers were made so the charges were not due. Further the assessments were not valid because no discovery had been made. HMRC would have known about the transfers within the usual time limits.

HMRC said the fact that WIPS had been included on the QROPS list did not mean it was a pension scheme or approved. The list included schemes that had notified...