EIM15410 - Non-approved schemes: definition of 'administrator'

Section 401 ITEPA 2003 and Section 611AA ICTA 1988

EIM15409 states that in some circumstances the scheme 鈥榓dministrator鈥� is assessed. If guidance on the making of assessments is necessary, refer to SDS.

The administrator of a non-approved scheme is identified as follows:

  • If the scheme is a trust and none of the trustees are resident in the UK, the trustees are obliged to ensure that a UK resident is appointed to deal with the scheme鈥檚 tax liabilities. That appointee is the administrator.
  • If the scheme is a trust and any trustee is resident in the UK, the administrator is any one of the trustees.
  • If the scheme is not a trust and the person who established it is not resident in the UK, that person is obliged to ensure that a UK resident is appointed to deal with the scheme鈥檚 tax liabilities. That appointee is the administrator.
  • If the scheme is not a trust and the person who established it is resident in the UK, that person is the administrator.