Taxes Consolidation Act 1997 Schedule 23 paragraph 4

Responsibility of administrator of a scheme

Paragraph 4 of Schedule 23 deals with the responsibility of the employer where the administrator of a retirement benefits scheme defaults, cannot be traced or dies, and confirms that tax liabilities survive the termination of a scheme or an administrator's appointment.

• Where the administrator of a retirement benefits scheme defaults, cannot be traced or dies, the employer steps into the administrator's role and must discharge all the administrator's duties and any tax owed by the administrator in that capacity.
• Any liability already incurred by an administrator or an employer under the retirement benefits rules is not affected by the termination of the scheme, its loss of approved or exempt approved status, or the ending of the administrator's appointment.
• Where the employer is resident outside the State, references to the employer include the employer's factor, agent, receiver, branch or manager in the State.
• These provisions ensure that Revenue can always look to a responsible party for outstanding tax obligations, even if the scheme has wound up or the administrator is no longer available.