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Anti-avoidance definition

Published by a LexisNexis Pensions expert

What does Anti-avoidance mean?

This is the term used to refer to the Pensions act 2004 provisions aimed at preventing employers from using corporate structures to avoid pension liabilities.

If the Pensions Regulator believes an employer is attempting to avoid their pension obligations under a defined benefit scheme, and consequently increasing the risk of a claim on the Pension Protection Fund, he may issue the following:

• contribution notice which can direct a person to pay a specified sum to the trustees of a pension scheme

• restoration order which can direct the restoration of the position applying immediately prior to the occurrence of a transaction at undervalue. The Pensions Regulator may also issue a financial support direction requiring a person or persons to put in place financial support for a pension scheme

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Choice of business vehicle—tax comparison table

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Flowchart—Interaction of the SSE, share reorganisation and intra-group asset transfer provisions

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Dive into our 6 Precedents related to Anti-avoidance

On an assignment of a lease (where an AGA is a condition of the licence to assign) can a landlord insist on the existing guarantor under the current lease standing as guarantor under the AGA where there is no provision in the lease for the same?

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