2 - HMRC Regime Flashcards
(138 cards)
1
Q
What is the major legislation which defines the current treatment of pensions?
A
The A-day (6 April 2006) legislation replaced most of the existing rules (need some knowledge of transitional arrangements) and introduced annual and lifetime limits.
2
Q
Which pension schemes are covered by HMRC rules?
A
A pension scheme MUST register with HMRC to be subject to the HMRC rules (i.e. get tax benefits).
It is then referred to as a registered pension scheme.
3
Q
Who can make contributions to a pension scheme and how much can they contribute?
A
Contributions can be made by an individual, their employer or any third party.
There is no limit on the amount of contributions, however there are limits on the contributions eligible for tax relief.
4
Q
Individual Contributions
What is the requirement for contributions to be eligible for tax relief?
A
The key requirement for individual contributions to a registered pension scheme to be eligible for tax relief is that they must be a relevant UK individual.
5
Q
What is a relevant UK individual?
A
- Under 75 years old
AND one of the following:
- Has relevant UK earnings chargeable to income tax in that year; or
- Is resident in the UK at some point during the year; or
- Was resident in the UK when they became a member of the pension scheme AND at some point during the prior 5 tax years (max tax relief of £3,600 pa in this case)
6
Q
What are relevant UK earnings?
A
Relevant UK earnings include any of the following:
- Employment income (eg salary, wages, overtime, commission)
- Trading income (sole trader or partner)
- Income arising from patent rights which is treated as earned income
- General earnings from an overseas crown employment which is treated as UK income
7
Q
What is the maximum individual contribution that is eligible for tax relief?
A
This is the greater of £3,600 (pa) and the relevant UK earnings of the individual.
NOTE: This is the maximum amount that is eligible for tax relief.
- If this is greater than the annual allowance you may get some of that tax relief taken back off you.
- You can contribute more if you like (unlimited amount) but will not receive any tax relief above this eligible contribution.
Note: It is the earnings of the person whose pension scheme is being contributed to that determines the tax relievable amount. If a parent contributes to their childs pension, the relevant UK earnings of the child determines tax relief, not the parent.
8
Q
How is tax relief awarded for pension contributions?
Which type of schemes are restricted in relief method?
A
Occupational schemes can use either:
- Net Pay Method; or
- Relief at Source Method
Personal scheme contributions are relieved using relief at source only.
9
Q
How does the net pay method of tax relief work for occupational schemes?
Impact on NI contributions
A
The net pay method means contributions are taken from an employees gross pay, they then pay tax only on the remaining amount of salary.
National Insurance contributions are still calculated on the full gross amount so this does not reduce the amount of NI payable.
This is NOT the same as salary sacrifice, it is an individual contribution made to an occuptional scheme using the net pay method.
10
Q
How does the relief at source method work for occupational schemes?
A
The pension provider claims basic tax relief (20%) from HMRC and the employee pays the remaining net (of basic tax) amount into the pension fund.
The employee can then claim a further tax refund (20% or 25%) back via self assessment if they are a higher/additional rate payer.
E.g. A higher rate tax payer putting £100 gross into their pension fund will pay £80 out of their net salary with the pension fund claiming £20 from HMRC. The employee can then claim a further £20 back from HMRC via self assessment.
11
Q
How is higher/additional rate tax recovered via self assessment under the relief at source method?
A
Effectively your basic rate tax threshold (which is around £35k) is increased by the gross amount of your contribution.
E.g. for a gross contribution of £1k your basic rate band is £36k instead of £35k, so you pay 20% on the income between £35k and £36k instead of 40%, thus saving 20% on the £1k gross contribution.
The additional rate band is also shifted up so (if your earnings are high enough) you’d get another £1k at 40% instead of 45%, thus saving 25% of £1k in total.
12
Q
How were contributions to retirement annuity contacts tax relieved prior to April 2006?
A
The relief on making a claim method was used.
The individual made contributions gross and reclaimed via self-assessment or tax code adjustment.
A pension provider who is still providing one of these schemes can continue to use this method or switch to relief at source.
13
Q
What is adjusted net income and what impact does it have on tax relief for pension contributions?
A
Adjusted net income is the total of income from all sources (salary, dividends, interest etc.) less certain tax reliefs.
It is the figure used to determine how much personal allowance you are entitled to (£1 of personal allowance is withdrawn for every £2 over £100k).
The tax reliefs include gross pension contributions, so making a pension contribution can increase how much personal allowance you get if you’re in the £100k to c. £120k danger zone!
14
Q
Impact of a £1k gross pension contribution if your adjusted net income is £110k.
A
The £1k gross contribution will reduce our adjusted net income from £110k to £109k.
This increases your personal allowance entitlement by £1k/£2 = £500.
That means you get an additional £500 taxed at zero, and £500 less in your tax calculation which would have been taxed at 40%. So you save an additional 40% * £500 = £200, or 20% of the £1k contribution.
This is ON TOP of the standard tax relief of 40% on your £1k contribution, so your total tax relief is 60%!
15
Q
How are individual contributions for self employed people tax relieved?
Which tax installment receives pension relief?
A
There are no occupational schemes for the self employed, they get tax relief at source. So they pay gross of 20% basic tax and claim any additional amounts back.
Self employed tax bills are 50% of last years bill on 31st Jan then another 50% of last years bill on 31st July. The balancing payment on 31st Jan after the end of the tax year is for the difference between your current year bill and the prior year bill.
It is the final payment on 31st Jan after the end of the tax year where your pension contributions will be taken into account.
16
Q
Along with the impact on personal allowance what other impact can a reduction in adjusted net income have?
A
Child tax benefit is also assessed on adjusted net income.
For every £100 over £50k (highest earning parent) 1% of the child tax credit paid is charged back as tax.
17
Q
What is the impact on pension contribution tax relief of taking income from your company via dividends instead of salary?
A
Dividends aren’t included in relevant UK earnings so taking too much income as dividends can reduce the amount of pension tax relief you can claim.
18
Q
What is salary sacrifice and what are the requirements?
A
Salary sacrifice is an official agreement between employer and employee to reduce earnings and make direct contributions to the employees pension instead.
There must be a written agreement in place before the salary sacrifice is taken, and the employees salary must not be reduced below the national minimum wage.
It’s a long term agreement (usually annual) and can’t be changed at will, although there is provision for changes on “lifestyle events” such as divorce.
19
Q
What is the tax impact of salary sacrifice (with numbers)?
A
As salary is officially lower the gross income on which NI is assessed is lower, so both employer and employee pay lower NI contributions.
Depending on salary level employee NI can be 12% and employer NI 13.8% so the saving can be significant.
20
Q
Impact of implementing salary sacrifice instead of net pay method
A
The salary sacrifice agreement will state what happens to the NI savings, either they are kept by the employee/employer, or used to increase the gross amount of the pension contribution.
If the gross contribution is kept the same then both employer and employee NI bills will be lower, the employee gets more take home pay but the same in their pension.
Alternatively the employee could get the same net pay but end up with a higher gross contribution than the net pay method. The employer might also agree to use their NI saving to boost the gross amount added to the pension.
21
Q
Advantages and disadvantages to salary sacrifice
A
Advantages are the NI saving primarily (which can be expressed as either higher net pay or higher contributions for the same net pay).
Also the lower official salary can increase entitlement to working tax credit, increase personal allowance (if earning just above £100k) or decrease child tax credit charge (if earning £50k to £60k).
Disadvantages are that the lower official salary can have other effects such as reducing your official salary for death in service benefit, reducing the size of mortgage you can take out or affecting other state benefits.
22
Q
What is recycling the PCLS?
What is the risk?
What are the rules?
A
Recycling your PCLS is when you receive a PCLS and add it back to your pension as a contribution, effectively claiming double relief.
If HRMC decide you’ve done it they’ll treat it as an unauthorised payment. This requires all of the following conditions:
- Total PCLS received in the last 12 months are over £7,500;
- The pension contribution is significantly greater than it otherwise would have been (defined as 30% over normal level);
- Contribution made by the individual OR somebody else (eg employer); and
- The recyling was preplanned.
23
Q
What are employer contributions and how are they tax relieved?
A
Employer contributions are made direct by the employer and don’t come out of your salary or via a salary sacrifice scheme, so there is no employee tax and no NI due for anybody.
The employer treats them as an expense so they get tax relief against corporation tax (or against income tax if the employer is a sole trader/partnership).
Note: Employer contributions are not the same as individual contributions made by your employer (eg salary sacrifice, net pay method etc.)
24
Q
HMRC rules for employer contributions to get tax relief
A
There is a basic rule that the cost must be wholly and exclusively for the purpose of trade (same as any other expenses).
This is rarely used, but the Local Inspector of Taxes could determine that a contribution was not eligible for tax relief, for example if a husband makes a contribution to his wifes pension.
General rule is that the pension contribution should make sense relative to the employees benefits package (which includes salary, bonuses, overtime, but NOT dividends).
25
What is the timing of the company tax relief for employer contributions?
Usually it's in the same tax year as the contribution as with any expense.
However if a significant increase is seen (210% of prior year) and the excess (i.e. the 110%) is over £500k, it might be spread out.
* £500k to £1m : 2 accounting periods;
* £1m to £2m : 3 accounting periods;
* £2m+ : 4 accounting periods.
26
What is the annual allowance and how does it work?
Rules introduced in April 2016
The annual allowance is £40k.
Any _pension input_ in excess of £40k in a given _pension input period_ will be subject to tax (via self assessment) at the individuals marginal rate of tax.
Note: You still get the tax relief initially, your entitlement is still to the greater of £3,600 or your relevant UK income. BUT you get hit with a later tax charge via self assessment if you use over the annual allowance.
New rules (April 2016) withdraw £1 of the annual allowance for every £2 you earn above £150k.
27
What is the money purchase annual allowance?
The MPAA is a lower allowance figure (£4k) which is enforced in certain circumstances for money purchase schemes.
28
What is the pension input period?
This is the period of time (roughly annual) over which total pension input is assessed against the annual allowance.
Before July 2015 this was quite flexible, the only requirement was that exactly one PIP needed to end in each tax year but each could be shorter or longer than 12 months.
Now PIPs simply line up with the tax year (transitional arrangements were in place up to April 2016).
29
What is total pension input?
In what circumstances are contributions ignored in a given year?
This is the amount that is assessed against the annual allowance (or MPAA) to determine extra tax due at the end of the tax year.
The amount is based on contributions or accrued benefits, relating to DC and DB schemes respectively.
Specific exclusions in both cases include any contributions or accrued benefit in either the tax year of _death_ or tax year in which benefits are taken due to _severe ill-health_ (i.e. terminal illness, less than 12 months to live).
30
Inclusions and Exclusions in total pension input relating to money purchase schemes.
For money purchase total pension input includes the gross amount of all contributions made, including individual and employer contributions and the HMRC 20% contribution under the relief at source method.
Excluded from this are any contributions after age 75 and any investment income or returns on the pension fund assets.
31
How is total pension input calculated for DB schemes (and cash balance schemes)?
This is a calculation based on the increase in your benefit over the year.
First multiply your benefit at the start of the year by **_16_** (and add any guaranteed additional cash sum).
Then increase this by the CPI factor from the September before the tax year (to take into consideration a "free" amount of annual growth).
Then multiply the benefit at the end of the year by 16 (plus lump sum) and look at the increase from the last sum.
Note: The lump sum is for a guaranteed cash amount on top of the annual benefit, not a PCLS which would be taken out of the annual benefit "pot".
32
How are deferred members of DB schemes treated for total pension input purposes?
Usually treated as having no TPI for the year.
33
What were the previous annual allowance amounts?
* 2010/11: £255k
* 2011/12: £50k
* 2012/13: £50k
* 2013/14: £50k
* 2014/15: £40k
* 2015/16: Transitional tax year
* 2016/17: £40k
34
Annual allowance details during the transitional tax year (2015/16)
Date of transition
The year was split into two due to the budget on 9 July 2015, effectively being split into two tax years.
Pre-transitional tax year: 6 April 2015 - 8 July 2015
Post-transitional tax year: 9 July 2015 - 5 April 2016
The annual allowance in the pre-transitional tax year was £80k.
In the post-transitional tax year it was the lower of £40k and the unused allowance from the pre-transitional tax year.
Effectively this just means you were limited to £40k in the second part of the year and £80k for the whole of the tax year.
35
How does annual allowance tapering work?
The annual allowance is gradually reduced when somebodys _adjusted income_ is over £150k. They lose £1 of allowance for every £2 above £150k.
Note that those with a _threshold income_ of below £110k are exempt from this tapering.
36
What is _net income_ for annual allowance purposes?
It is NOT income after tax.
Rather it is income from _all sources_ (salary, property, interest, dividends, trusts, pensions, ...) less allowable deductions.
The only allowable deductions you need to know about are _net pay method_ pension contributions and professional fees (eg CII fees).
37
What is _threshold income_ for annual allowance purposes?
For threshold income start with net income (_from all sources_) then:
* DEDUCT any gross relief at source pension contributions, excluding employer contributions (note net pay relief are already deducted within net income);
* ADD BACK any salary sacrifice agreed after 9 July 2015;
* DEDUCT lump-sum death benefits that were taxed as pension income.
38
What is _adjusted income_ for annual allowance purposes?
To calculate adjusted income start with net income and:
* ADD any employer pension contributions;
* ADD BACK any net pay relief method pension contributions (which would have been deducted within net income);
* DEDUCT any lump sum death benefits received that were taxed as part of pension income.
39
What is the difference between _threshold income_ and _adjusted income_ for annual allowance purposes?
The major difference is pension contributions. _Threshold income_ has all pension contributions deducted whilst _adjusted income_ includes them all.
Also _threshold income_ has salary sacrifice amounts (if agreed after 9 July 2015) added back.
Both of them have lump sum death benefits deducted.
40
What are the lump sum death benefits in relation to annual allowance?
These lump sum death benefits are paid from somebodys pension when they die. If they die over age 75 the lump sum goes to their beneficiary and is taked based on the recipients marginal rate.
These amounts are deducted from both threshold income and adjusted income for he purposes of the annual allowance taper calculation.
41
How does carry forward of annual allowance work?
What is the requirement to be able to do this?
You can carry forward unused allowance from the last 3 tax years.
JUST affects the annual allowance, not carrying foward relevant UK income etc.
Use up your current year allowance first, then go back and use unused allowance from 3 years ago, then 2 years, then last year.
The requirement is that you must have been a _member_ of a registered pension scheme in a given year to carry forward your allowance. You DON'T have to have made a contribution, could be a deferred member, drawing benefits or just made no contributions to an existing scheme.
42
How to calculate the unused annual allowance you can carry forward from the transitional tax year.
For the first part of the year (pre-transitional tax year) calculate the unused allowance (£80k less what you contributed) and CAP it at £40k.
Then deduct whatever you contributed in the second part of the year (post-transitional tax year).
E.G. if you contributed £38k before 8 July 15 and £20k afterwards, your unused allowance in pre-trans was £42k, but cap this at £40k.
Then take off your post-trans conts of £20k and you get £20k to carry forward.
43
What is the MPAA?
When does it apply?
MPAA is the money purchase annual allowance and is £4k.
It is a more restrictive annual allowance limit which will only ever apply to people who have begun flexible drawdown of their money purchase pension.
It is triggered by certain events, applies from the following day and for all future tax years.
44
Trigger events for MPAA
* _DRAWING FUNDS_ from _their own_ flexi-access drawdown fund (NOT designating funds OR drawing funds from a d/s/n drawdown fund);
* Taking an UFPLS (NOT a PCLS);
* Take more than permitted max for capped drawdown (pre 6/4/15 fund);
* Receive a stand-alone lump sum where lump sum protection exceeds £375k;
* Receive a lifetime annuity payment where the annual rate can be decreased in other than permitted circumstances (i.e. flexible annuity)
* Receve a scheme pension from a money purchase pension fund where the fund is paying out to fewer than 11 members.
45
How are people in flexible drawdown before 6 Apr 2015 treated for MPAA?
They won't have had a trigger event after 6 Apr 2015 potentially, but since they were already in flexible drawdown they are subject to MPAA.
46
Consideration of member vs dependant/nominee/successor for MPAA.
MPAA triggers are based on members taking drawdowns or UFPLS from their own scheme.
If they receive a payment from their descendants flexible drawdown it does not trigger MPAA.
Likewise if they are descendants and receive somebody else's UFPLS it will not trigger MPAA.
47
How does the MPAA work in conjunction with the annual allowance?
What is the "alternative allowance"?
Contributions to money purchase schemes are limited to the £4k limit first.
Any money purchase contribution above this amount will generate a tax charge.
The remainder of the £40k annual allowance (subject to tapering) is available for DB schemes.
The £36k difference is referred to as the alternative allowance, i.e. the amount available for DB schemes. However you actually get more than £36k if the MPAA isn't fully utilised.
48
How does carry forward work with MPAA?
There is no carry forward of MPAA, however annual allowance can still be carried forward for DB purposes even after MPAA has been triggered.
49
MPAA calculation during the year it is triggered
The MPAA is in place from the day after the trigger event.
This means that money purchase contributions before the trigger event contribute to the annual allowance and only contributions after the trigger event contribute to the MPAA.
50
How does tapering affect the MPAA?
The MPAA is not affected by tapering.
The annual allowance is still fully susceptible to tapering but up to £4k is effectively protected from tapering for money purchase contributions.
51
How is the tax charge on any excess contributions (due to annual allowance or MPAA) calculated?
What is the tax rate?
First calculate the excess contributions.
Compare money purchase contributions against MPAA. If they are over £4k you have your first excess and then assess the remaining DB "contribution" against the £36k remaining "alternative allowance" for a potential second excess.
If they're under £4k simply compare all contributions (MP and DB) to the £40k annual allowance.
Remember to reduce the £36k/£40k amounts for tapering.
Now apply tax on the total excess contributions by _adding on top of taxable income_. Described as taxed at your marginal tax rate, but can be split across two tax bands if you are close to the band.
52
How is the annual allowance tax charge paid?
Usually you would pay the tax charge due to exceeding the annual allowance via self assessment (tax charge = excess over annual allowance \* marginal tax rate).
However if the charge is below £2k you can elect for the pension scheme to pay it if they agree (and the input into their scheme is below the annual allowance).
For money purchase schemes they simply take this value out of your fund. For DB schemes they reduce your income benefit by the amount of the tax charge divided by the commutation rate (e.g. tax charge of £120 and commutation charge of 12:1 means your benefit is reduced by £10pa).
53
What is the history of the lifetime allowance?
* 2006/07: £1.5m
* 2007/08: £1.6m
* 2008/09: £1.65m
* 2009/10: £1.75m
* 2010/11 and 2011/12: £1.8m
* 2012/13 and 2013/14: £1.5m
* 2014/15 and 2015/16: £1.25m
* 2016/17 and 2017/18: £1m
* To be indexed annually from April 2018 onwards
54
When is the lifetime allowance assessed?
The lifetime allowance gets assessed when there is a _benefit crystallisation event (BCE)_.
There are a series of such events, which basically amount to the member becoming entitled to a pension benefit for the first time (or at age 75).
55
How are multiple BCEs assessed against the lifetime allowance?
How does this affect availability of PCLS?
An individual may have multiple "sets" of benefits which may crystallise separately.
On each BCE the value of the benefits is assessed against the lifetime allowance less any previously crystalised benefits.
Available PCLS is 25% of the benefit crystalised amount, so max of £250k currently.
If you have previously crystallised £500k of benefits (for example) without taking a PCLS however, you will only be able to crystalise a further £500k of benefits and thus only have £125k of PCLS available in.
56
What are the main BCEs and their valuation methods?
(5 relating to taking benefits)
* Designation of money purchase assets for drawdown fund - Value of funds
* Purchase of a lifetime annuity from money purchase assets - Value of funds used for purchase
* Entitlement to a lump sum (eg on retirement) - Lump sum amount
* Entitlement to a scheme pension - Scheme pension \* 20
* Excessive increase to scheme pension (growth above cumulative 5% or RPI) - Excessive increase \* 20
57
What are the old age related BCEs and valuation methods?
What tax rate is applied?
At 75 any previously uncrystallised benefits are tested.
* Any DB assets not drawn as a scheme pension or lump sum - Scheme pension \* 20 + lump sum amount
* Designated drawdown amounts not secured by lifetime annuity or scheme pension - **_Market value of the funds less market value on BCE when they were originally designated_**
* Uncrystallised money purchase funds - value of the funds
Taxed at 25% (i.e. income not lump sum rate.
58
What are the death related BCEs and valuation methods?
If the member dies before age 75 any remaining uncrystallised benefits must be tested:
* Uncrystallised funds which are designated to drawdown for descendants upon death - Market value of funds
* Uncrystallised funds used to purchase lifetime annuity for a descendant - Market value of funds
59
What are the "other" BCEs and valuation methods?
* Relevant lump sum death benefits (either from a DB scheme or uncrystallised funds) - Amount of lump sum
* Transfer of funds to an overseas pension - Value of funds _(transfer value for DB, not 20 \* benefit)_
* Prescribed amount due to regulations - Per the regulations
60
If the lifetime allowance is breached what happens?
There will be a one off tax charge.
The tax rate depends on how the funds are being drawn:
55% for lump sums
25% for income
Note that age related BCEs and lump sums for foreign pensions are taxed at the 25% level as the funds are still being used for income.
61
What if benefits were crystallised in years when the lifetime allowance was bigger?
You calculate the percentage of lifetime allowance used up in each year.
So if you crystallised £750k in 06/07 (LTA of £1.5m) you would have used 50% in that year and have £500k available (50% of £1m) in 17/18.
The percentage should be calculated to 2 decimal places and rouded down.
62
How is benefit crystallised before A-Day treated for lifetime allowance purposes?
Valuation of annuities or scheme pensions?
On the date of the first BCE the value of the pre-A-day drawdown is calculated and assessed as a % against the lifetime allowance at that time.
For simple annuities or scheme pensions this value is simply 25\*annual amount (high multiple to take into account the lump sum that was probably taken).
For drawdown schemes the calculation is more comlicated.
Note that this takes place on the first BCE after A-day, it doesn't get reassessed after that.
63
How is drawdown benefit from pre-A-day crystallised for lifetime allowance purposes?
Pre-A-day all drawdowns were capped and had a _maximum income_ which was 120% of the _basis amount_, increased in 27/3/14 to 150% of the basis amount.
Even after conversion to flexi drawdown the crystallised amount is still based on the original capped drawdown terms.
Crystallised value is always _25 \* 120% \* basis amount_.
Note however that if the fund converted to flexi-drawdown pre-27/3/14 this will be equal to 25 \* max income, but if it was still capped after that date it will be equal to 25 \* 80% \* max inc.
64
In what circumstances can a person have a higher LTA?
* Having registered for primary or fixed protection;
* Non UK resident;
* Having transferred in benefits from a recognised overseas pension scheme;
* Entitlements to pension credits or benefits arising from a pension credit as a result of a sharing order following divorce.
65
What is a pension credit arising from divorce and the impact on LTA?
This is when after divorce one spouse is awarded pension credit from the other spouses pension.
The lifetime allowance of the person receiving the pension credit is increased so that this credit doesn't use up their LTA.
66
How is the addition to LTA calculated for a pension credit on divorce?
_Pension sharing order effective before 6 Apr 2006_
Grow the pension credit amount by RPI up to 6 Apr 2006 and calculate this as a % of the £1.5m standard LTA from '06/07. This is the % increase in LTA they get.
_Pension sharing order effective on/after 6 Apr 2006_
ONLY get a credit if the pension came into payment after 6 Apr 2006 (therefore has already been tested against the original members LTA).
% uplift to LTA is simply pension credit as a % of the LTA in the year of the pension sharing order. *HOWEVER* if this was before 6 Apr 12 it is applied to £1.8m on the future BCE event rather than the LTA on the date of the BCE event.
67
What is the normal minimum pension age?
55 years old, the age from which you can *usually* take pension benefits
68
Rules around special occupations which can take early pension benefits
This relates only to pension schemes of people in specific occupations (eg footballers, deep sea divers) which existed pre-April 2006.
They had the right to retire at an earlier age and that right continues post A-day, however lifetime allowances are reduced by 2.5% for every year before 55 that they crystallise their benefit (counted as the number of whole years until they are 55, so 9 years for a 45 year old).
69
What are the rules around taking benefits early on ill health grounds?
It's possible to take benefits early by giving medical evidence to the scheme provider that you are and will continue to be incapable of doing your occupation on medical grounds, AND as a result of ill health have ceased that occupation.
Note that the scheme rules may be more strict than these HRMC rules, so in reality you may need to demonstrate (for example) that you can't do ANY occupation.
Additionally there is a possibility of a _serious ill health lump sum_ if your life expectancy is less than 12 months.
70
What are the rules for people with a contractual agreement to be able to take benefits from age 50?
They are still allowed to do this provided:
* The rules of the scheme allow them to take benefits from age 50;
* The provision was in the scheme rules before December 2003; and
* All benefits are taken in full.
There will be no adjustment to lifetime allowance as a result of all benefits being taken in full.
71
Are there any planned increases to the normal minimum pension age?
There are plans to increase this in line with the state pension so that it will always be 10 year below, but nothing has been legislated for yet.
72
Requirements to receive a PCLS
1. Must be connected to an _arising entitlement_ to a relevant pension under the same scheme (note UFPLS doesn't provide a PCLS, even though 25% of it is tax free!)
2. Member must have some _lifetime allowance_ left
3. Must be paid up to _6 months before or 1 year following_ the member becoming entitled to the related pension
4. Lump sum must be paid when member has reached _normal pension age_ (except ill health etc.)
5. Lump sum must *not* be an _excluded lump sum_ (eg bridging pension set up to increase PCLS)
73
Maximum amount of PCLS
The lower of:
* 25% of the capital value of the arising pension entitlement; and
* 25% of the remaining lifetime allowance of the member.
Note that the rules of the scheme determine the PCLS that will actually be paid, which may be less than the 25%.
74
PCLS after age 75
The final benefit crystallisation event takes place at age 75. At that point a lifetime allowance charge may be deducted from the pension fund.
Any PCLS calculated later based on a new entitlement to pension income ignores the crystallisation event effectively. You calculate remaining lifetime allowance ignoring the age 75 BCE and the PCLS is limited by 25% of that amount.
In other words, the valuation at age 75 as part of the BCE determines the lifetime allowance tax charge, but is irrelevant for the purposes of future PCLS.
75
What is an UFPLS?
_Uncrystallised funds pension lump sum_
This is taking a lump sum from uncrystallised funds, which will trigger MPAA.
It doesn't create a PCLS however 25% will be tax free. The remainder will be taxed as income as long as the gross amount is within the lifetime allowance.
76
What happens if the UFPLS is greater than the remaining lifetime allowance?
This is only an issue for people under 75, as all funds are tested at age 75 against lifetime allowance and effectively crystallised.
_Under age 75_ the UFPLS is _limited_ to the remaining LTA.
The excess above available LTA would be taxed at 55% as a lump sum.
Alternatively this excess could be designated as flexible drawdown so that it is taxed at 25% instead, however it will then be subject to income tax. If the amount was all drawn in one go as income the impact of the 25% LTA charge and marginal rate income tax is likely to be greater than the 55% lump sum tax.
77
UFPLS for over 75s
Over age 75 the UFPLS is not limited to the size of the remaining LTA, however only 25% of the remaining LTA will be tax free.
Note that if they have zero LTA remaining they can't take *any* UFPLS, so this is a bit of a technicality.
Essentially 25% of the amount taken, limited by 25% of the remaining LTA is tax free. The remainder is taxed as income. No LTA tax charge will be due since all funds will have been tested at age 75.
78
What is a small pots payment and what is the tax treatment?
Small pots payments are £10k or less, which means they aren't tested against the LTA and don't trigger the MPAA.
25% will be tax free with the remainder taxed as income.
79
What is a Trivial Commutation Lump Sum?
This is when a pension scheme is taken entirely as a lump sum due to triviality, which is allowed only when the value of all of the persons pension schemes is below £30k.
It can relate either to a DB scheme, or an "in payment money purchase in house scheme pension" (i.e. a money purchase scheme used to provide a scheme pension).
80
What is the tax treatment of a trivial commutation lump sum?
If the benefits are uncrystallised (which means they must be from a DB scheme) then 25% will be tax free and the remainder taxed as income.
If it's a crystallised DB scheme or in payment money purchase in-house scheme pension then it's simply taxed as income.
Note that it will not be tested against the lifetime allowance as long as the total value of the scheme is £30k or lower.
81
What can be taken as a lump sum in the case of serious ill health?
How is it taxed?
Only out of uncrystallised funds (pre 75) or unused funds (post 75).
You must have some lifetime allowance available, although the lump sum taken isn't limited by the remaining allowance.
If under 75 it's tax free up to the lifetime allowance and taxed at 55% above that.
Over 75 it's taxed as income via PAYE.
82
What are the two ways registered pension schemes can pay income?
* A _secured_ pension (either via an annuity or a scheme pension); or
* A _drawdown_ pension.
83
How is income from a pension taxed in general?
Via PAYE
This is the case for annuities, schemes pensions and flexible drawdowns.
84
How does PAYE work for flexible drawdowns?
In the case of regular payments a PAYE code may be issued.
Otherwise it is generally done on a monthly basis for each payment (i.e. you get 1/12th of your tax free allowance etc.) which may result in overpayment of tax.
85
Which forms of pension income can be paid to which of the three groups (dependant, nominee, successor)?
Scheme pension benefits can ONLY be paid to a dependant.
Lifetime annuities, flexi-access drawdowns and lump sums can be paid to any (dependant, nominee or successor).
86
What is the 2 year window?
Death benefits must be designated to an income producing contract or paid out as a lump sum within 2 years of the scheme administrator being informed of death (or if earlier the day on which they could reasonably be expected to be aware of the death).
87
How are lump sum death benefits from uncrystalised or unused funds taxed?
Special tax rate?
* If the member dies before age 75 (so uncrystallised funds) and the lump sum is paid within the 2 year window, it is tested against the lifetime allowance. The usual tax applies, tax free up to lifetime allowance, 55% lump sum tax above that.
* If it is paid outside the 2 year window OR the death was over age 75 (so out of unused funds) it isn't tested against the lifetime allowance, but instead taxed as recipients pension income via PAYE. Note if they receive it as a _trustee or personal representative_ the tax is special lump sum death benefits charge (_45%_).
88
What is the treatment of lump sum death benefits payment from a DB scheme?
Special rate?
Same as with lump sums from uncrystallised or unused funds effectively.
If the member died before age 75 and the lump sum is paid within the 2 year window then it is tested against the lifetime allowance and excess receives the lump sum tax charge.
Otherwise (outside 2 years or age 75+) it is taxed as pension income on the recipient (45% special death tax charge if recipient is trustee or personal representative).
89
What are annuity protection and pension protection lump sum death benefits?
These are protected lump sum payments that may (or may not) be included in a pension contract that pay out lump sum death benefits, so that not all the pension value is lost if the member dies in the early years.
Annuity protection is a protected death benefit lump sum attached to a lifetime annuity.
Pension protection is a protected death benefit lump sum attached to a scheme pension.
90
What are the limits of annuity protection and pension protection lump sum death benefits?
The lump sum is limited to the crystalised value of the benefit (in the case of annuities) or 20 times the initial scheme income (in the case of scheme pensions)...
LESS the gross amount of all benefits that have been taken.
91
What is the tax treatment of annuity protection and pension protection lump sum death benefits?
There will be no test against lifetime allowance since the benefit is already crystallised.
If the member dies before age 75 there is no tax due.
If they die over age 75 the payment is taxable as recipients pension income (or the trustee/personal representative 45% tax rule).
92
What is the tax treatment of lump sum death benefits paid out of a drawdown pension (capped or flexible)?
Funds are crystallised so no lifetime allowance test.
Note the death could be the member or dependant (or in the case of flexible drawdown even nominee or successor).
* If the death was before age 75 AND within 2 year window there is no tax to pay.
* Otherwise taxable as pension income on the recipient (45% trustee/personal representative rate).
93
How are trivial commutation lump sum death benefits taxed?
Anything over £30k (unless covered by another authorised lump sum benefit allowance) is an unathorised payment.
It isn't tested against the lifetime allowance of the deceased, but is taxed as pension income on the recipient via PAYE (regardless of the age of the deceased).
94
When can a charity lump sum tax benefit be paid?
Tax treatment?
Requires the member or survivor who died to have no dependents.
Can be paid from uncrystallised (under 75) or unused (75+) funds or funds in drawdown.
The charity must be nominated by the member (not the scheme administrator) and it must be a UK or EEA registered charity.
The funds must be used for charitable purposes by the charity otherwise the will have to pay tax.
Othewise nobody pays any tax.
95
_Income Death Benefits_
How is income to a beneficiary due to a guarantee taxed?
Who can receive income from a guarantee?
No test against lifetime allowance since funds are crystallised.
For scheme pensions recipient will be taxed as pension income.
For annuity payments they will be tax free if the member died before age 75, otherwise taxed as pension income on the recipient.
According to HMRC anybody who is nominated by the member can receive income from the guarantee (doesn't have to be a dependent).
96
_Income Death Benefits_
How is income from scheme pension after death taxed?
What are the restrictions?
This income is taxed as pension income on the recipient regardless of the age of death of the member.
Only dependents can receive income from a scheme pension, and it's then called a _dependent's scheme pension_.
97
_Income Death Benefits_
How is income from a joint life annuity taxed when paid to the survivor?
If the member died _before_ age 75 and the first income was paid _before_ 6 April 2015 then no tax is paid.
Otherwise tax is paid as pension income on the recipient.
98
_Income Death Benefits_
How do dependent/nominee/successor annuities arise?
These arise when the d/n/s elects to buy an annuity with the uncrystalised, unused or undrawn funds of a deceased member.
Note that a successor only receives the benefits after the death of a dependent or nominee therefore can only do this from undrawn funds.
99
_Income Death Benefits_
How are dependent/nominee/successor annuities taxed?
In the case where a member dies before age 75 with uncrystallised funds, an annuity purchased for the dependent/nominee will be tax free if it starts within 2 years. It will also then be a BCE on the member so tested against lifetime allowance and subject to the 25% tax (as benefits are drawn as income).
If the income starts after the 2 year period there is no BCE or lifetime allowance test.
In other circumstances (annuity purchased from unused or undrawn funds) it is tax free if the deceased died before age 75, or taxable as income on the recipient if they died 75+. Obviously no BCE since the funds would already have been crystallised.
100
_Income Death Benefits_
What is a _dependents capped drawdown_ and how is it taxed?
Limits on availability?
A _dependents capped drawdown_ is when a dependent entered into a capped drawdown scheme before 6 Apr 2015. Dependents are no longer able to allocate funds into capped drawdown.
* If the previous holder died before age 75 and income wasn't drawn until _after_ 6 Apr 2015 then the income is tax free.
* If income commenced before 6 Apr 2015 or the previous holder died aged 75+ income is taxed as pension income on the recipient.
101
_Income Death Benefits_
How do dependent/nominee/successor flexible drawdowns arise?
d/n/s flexible drawdowns can be passed down from a deceased members flexible drawdown.
Also if a member in capped drawdown died after 6 Apr 2015 the d/n/s can't continue in capped drawdown, they have to convert to flexible drawdown.
Flexible drawdown could also be used to utilise uncrystallised funds from a deceased member.
102
_Income Death Benefits_
How are dependent/nominee/successor flexible drawdowns taxed?
If created from a members uncrystallised funds and designated within the 2 year window the income will be tax free, but there will be a BCE (so test against LTA and potential 25% tax).
Otherwise in all other cases the income is tax free if the member/dependent dies before age 75, taxed as recipients income if 75+.
103
How does IHT work for death benefits?
Generally if the income is drawn/designated within the 2 year window no IHT will arise.
This is because the expression of wishes is not legally binding on the scheme administrator.
104
What are transitional reliefs?
What are the 4 types?
These are reliefs that can be applied for to protect existing pension entitlements when rules change.
For example somebody with a large pension before A day could apply for transitional relief so that they weren't disadvantaged by the new rules.
* Primary protection;
* Enhanced protection;
* Fixed protection; and
* Individual protection
105
_Primary Protection_
Who is it available to?
Primary protection is no longer available.
It was available originally for those with over £1.5m value of benefits on A day.
106
_Primary Protection_
How is the primary protection factor calculated?
The value of crystallised and uncrystallised benefits on A-day are calculated based on value of the money purchase funds, or 20 \* income entitlement + PCLS entitlement, or 25 \* income already being paid (to account for likely PCLS already paid).
If this is over £1.5m a _Primary Protection Factor_ is calculated:
(Value of funds on A day - £1.5m) / £1.5m
107
_Primary Protection_
How is the primary protection factor utilised?
The primary protection factor is added to the lifetime allowance on the date of any future BCE.
So if PPF was 60% then in 11/12 when LTA was £1.8m that person would have a £2.88 LTA instead of £1.8m (£1.8m + £1.8m \* 60%).
After 11/12 the LTA started to fall but for people with primary protection it is assumed to be £1.8m from 11/12 onwards. If the LTA ever rises above £1.8m in the future their LTA will also rise again.
108
_Primary Protection_
How are BCE amounts from previous years adjusted for somebody with primary protection?
The following factor is applied to the BCE value in a prior year:
£1.5m / standard LTA at the time of the BCE
So for a BCE that took place in 08/09 when the LTA was £1.65m the value of the BCE would be adjusted by a factor of £1.5m/£1.65m = 0.909.
This will reduce the amount of BCE when calculating the future remaining LTA for somebody with primary protection.
109
_Primary Protection_
What PCLS protection do they receive?
If they had less than £375k (25% of £1.5m) cash lump sum entitlement on A-day they will be able to take 25% of the standard LTA on any BCE event in the future.
However if the LTA has fallen this could be less than £375k (e.g. in 17/18 only 25% of £1m = £250k).
So if they don't have a protected tax-free cash lump sum then they will be entitled to a tax free lump sum of £375k (rather than 25% of the standard LTA).
110
_Enhanced Protection_
Who is it available to?
As with primary protection this is no longer available.
It was originally available on A-day to anybody who had got any amount of pension benefits (no requirement for £1.5m as with primary protection).
It is to protect people who might not have breached the lifetime allowance limit at A-day, but who were likely to do so in the future as a result of fund growth alone.
111
_Enhanced Protection_
How does it work?
The individual can make no further contributions (some specific items are allowed such as death in service payments for money purchase and statutory limited amounts for DB schemes).
However when they draw benefits in the future they will not be assessed against the lifetime allowance.
112
_Fixed Protection_
What is fixed protection?
Who is it available to and when must it be applied for?
Fixed protection is locking in the LTA on years when it stepped down (i.e. from £1.8m to £1.5m on 6/4/21, £1.5m to £1.25m on 6/4/14 and £1.25m to £1m on 6/4/16) [PCLS is also locked in at 25% of the locked in LTA].
Each event (eg fixed protection 2012, fixed protection 2014, ...) can only be taken if no previous protection (including primary or enhanced) has been taken.
For 2012 and 2014 application needed to take place before 6th April.
For 2016 application is made online and there is no time limit.
113
_Fixed Protection_
What are the rules to maintain fixed protection?
3 exceptions
Basically you can't make any future contributions or accruals to your pension schemes after 6th April.
It's ok for benefits in a DB scheme to increase by up to the "relevant percentage" in each year (based on the scheme rules rate on 9th Dec 2010/2012/2015 or CPI).
Contributions to fund life cover are ok.
No new registered pension schemes may be opened except to transfer existing pension rights.
114
_Fixed Protection_
How is it applied?
Difference between 2012/2014/2016.
For 2012/2014 it's straightforward, future assessments against LTA are based on the locked in LTA.
For 2016 it's mostly the same except that since you can apply after 6/4/16 there may have been BCEs after 6/4/16 but before you applied for protection. Those BCEs can be assessed against the £1.25m LTA if higher than the standard LTA at the time, since you've now signed up for the fixed rate of £1.25m (retrospectively).
115
_Individual Protection_
Difference between individual protection and fixed protection
Years in which it was available
Individual protection allowed people to lock in a higher personal LTA in 2014 and 2016 when the standard LTA reduced (PCLS is 25% of the personal LTA).
There were no restrictions on future contributions, however BCEs in the future will be assessed against the personal LTA and charges could arise.
Individual protection was available to anybody EXCEPT those who had taken out primary protection.
116
_Individual Protection_
How is the personal lifetime allowance calculated?
It is the lower of the value of benefits as at 6th April 2014 or 2016, and the prior standard LTA (i.e. £1.5m in 2014 or £1.25m in 2016).
Pre A-day DB income valued at 25x, future DB benefits at 20x plus PCLS,
117
_Individual Protection_
How are BCEs between A-day and 6th April of the individual protection year adjusted?
An adjustment factor is calculated based on the pre 6th April standard LTA (£1.5m or £1.25m) divided by the standard LTA on the date of the BCE.
So if a £450k BCE took place when the standard LTA was £1.8m, it is adjusted (for 2014 individual protection) by £1.5m/£1.8m to give a £375k BCE.
This is consistent with the idea that you use up a percenage of your LTA rather than a fixed value. The £450k BCE uses 25% of your LTA so for the next assessment you have 75% of the new LTA.
118
_Individual Protection_
Differences between 2014 and 2016
Basically the same except 2014 had an application time limit of 6 Apr 2017 whilst 2016 individual protection is online and has no time limit.
119
Why would you apply for both fixed and individual protection in the same year?
Fixed protection has a higher level of protection since you will never get charged on future BCEs, however if you ever make a future contribution you will lose that protection entirely.
If you have elected for individual protection too then when you lose fixed protection you will still have a higher level of personal LTA which will be better than reverting to the standard LTA.
120
Which transitional reliefs require you to make no further pension contributions?
Only enhanced and fixed protection have this restriction.
Primary and Individual on the other hand establish new personal LTAs based on your fund value when you take out the protection. So it's up to you if you want to make more contributions, but in most cases this would lead to a future LTA charge.
121
_Pension Credits_
What are they and how do they relate to pension protection?
Pension credits are one of the potentional methods of transferring pension value between spouses on divorce. The person being given benefits receives a pension credit, whilst the person giving away the benefits gets a pension debit.
The pension credit can reduce primary protection percentage or even cancel primary protection entirely if the credit reduces A-day pension value below £1.5m.
The pension debit can cancel enhanced protection for the receiver, if they transfer it into a new pension scheme or if it generates too high accruals in an existing DB scheme and breaks the enhanced protection rules. Transferring it into an existing money purchase scheme is acceptable for enhanced protection rules.
122
PCLS limits for people with primary protection
Always limited to 25% of the value of your benefits, this is about the lifetime limit HMRC gives you.
If their PCLS was over £375k on A-day, their PCLS entitlement is protected at it's value on A-day. It increases in line with the early increase in LTA, so a factor of £1.8m/£1.5m in 2010/11. It doesn't decrease along with later falls in the LTA, but if LTA ever rises over £1.8m again it will start to rise.
If their PCLS was below £375k on A-day there is less protection, the limit remains at 25% of the standard LTA as for everybody else. However this never falls below £375k, so they aren't penalised when the LTA falls below £1.5m in 2014/15 onwards.
123
PCLS limits for people with enhanced protection
If an enhanced protection person's PCLS was over £375k on A-day, calculate their PCLS on A-day as a percentage of their benefits on A-day. They will be entitled to that percentage of future benefit value as PCLS going forward.
This percentage may be less than 25%, however since the cash value is greater than £375k they will be better off than using standard PCLS (25% of standard LTA).
For those with PCLS on A-day below £375k they get the same deal as primary protection people. When the standard LTA falls below £1.5m their PCLS cap remains at £375k (25% of the £1.5m LTA on A-day).
124
What is scheme specific PCLS protection?
How are PCLS limits calculated post A-day?
People with pre-1987 era pensions might end up with PCLS of over 25% of their benefit value.
These high PCLS entitlements can be protected without application.
The PCLS limits past A-day are based on the lump sum amount at A-day plus 25% of the growth in the fund value since then.
125
How do automatic enrollment and transitional arrangements interact?
Employers can exclude an employee from automatic enrollment if they have grounds to believe the employee is subject to transitional arrangements, which would be broken if contributions were to be made for that employee.
126
How are the pension fund investments taxed internally?
No income tax or CGT arises within the pension fund.
However trading income is taxable.
There is an income tax charge relating to prohibited assets, i.e. residential property or private chattels.
In addition there will be a tax charge relating to any benfit enjoyed by the scheme member (eg free use of the asset).
127
_Unauthorised Payments_
How much is the unauthorised payments charge and what is it levied on?
Unauthorised payments charge is 40% and it is levied on all payments that are not authorised payments (eg PCLS in excess of the 25% limit).
It is charged to the recipient of the payment.
It is also charged on prohibited assets within pension funds, when the charge is on the members of the scheme.
128
_Unauthorised Payments_
What is the unauthorised payments surcharge?
When the value of all unauthorised payments in any 12 month period exceed 25% of the value of the fund an additional 15% tax is charged.
For employers this relates to 25% of the value of the whole pension scheme.
129
_Unauthorised Payments_
What is the scheme sanctions charge?
This is a 40% charge levied on the scheme administrator on any chargeable payment (usually an unauthorised payment).
If the recipient of the payment has paid the unauthorised payments charge then the scheme sanctions charge is reduced by the lesser of:
* 25% of the (tax paid) chargeable payment; and
* the amount of the unauthorised payment charge.
Typically this will reduce the scheme sanction charge to 15% (i.e. 40% less the 25% in bullet point one) if the receiver of the payment pays their tax.
130
_Unauthorised Payments_
What is the de-registration charge?
If HMRC de-registers a pension scheme the scheme administrators are charged 40% of the value of the funds immediately before de-registration.
131
_Overseas Pensions_
What are the types of overseas pension we need to know?
* _Qualified Recognised Overseas Pension Scheme (QROPS)_ - Can receive transfers from registered pension schemes as authorised payments.
* Currently relieved non-UK pension schemes - Other schemes where tax relief has been given since A-day.
Collectively these are known as _Relevant non-UK schemes (RNUKS)_.
132
_QROPS_
Requirements of a QROPS
* _Scheme manager must notify HMRC_ that they meet the QROPS requirements;
* Established in a country outside the UK which has a _double taxation agreement_ with the UK;
* The scheme must either be _registered for tax and regulated_ in that country, or potentially established by certain international organisations for their employees;
* Scheme manager must _confirm_ that pension funds transferred from the UK will _provide similar benefits_;
* The _member_ must meet the _scheme eligibility_ requirements; and
* The QROPS or member must make HMRC aware if they _start flexible drawdown_, and certain other specific payments.
133
_QROPS_
What tax charges are due on transfers to a QROPS?
A transfer to a QROPS is a BCE, therefore there will be a potential 25% LTA tax charge initially (not 55% as the individual does not receive a lump sum).
There is a further 25% overseas transfer charge due (since 9/3/17) on UK to QROPS or QROPS to QROPS transfers, albeit with several exemptions:
* If the member is _resident_ in the QROPS country, or resident in EEA/EU and so is the QROPS;
* Member is an _employee_ and it is an occupational scheme;
* It's an international orginisation scheme and the member is an _employee_; or
* It's a public scheme and the member is _employed_ by a participant in the scheme.
134
_QROPS_
How does the 5 year rule apply to overseas transfers?
Any change to circumstances within 5 years can change overseas transfer charge determination.
So the charge could become due if the exemption no longer applies.
Or they could get a refund at some point if circumstances change and they become exempt.
135
_QROPS_
What is the member payment charge?
If a QROPS makes a payment to a member that would be unauthorised under a UK scheme (eg PCLS over 25%) the member will be charged.
Charges are equivalent to the unauthorised transfer charges (40% and a further 15% surcharge), regardless of the residence of the member.
The scheme may also lose QROPS status.
136
_Overseas Pensions_
Effect of the taxation of pensions act 2014
This introduces a specific set of rules which essentially make sure RNUKS operate in the same way as UK pension schemes.
It requires RNUKS to provide certain information to HMRC, so that (for example) HMRC know when flexible benefits have been taken so they can apply the MPAA rules.
137
_Overseas Pensions_
What is the defined period of temporary non-residence?
What rules apply?
For contributions or transfers into a RNUKS pre 6/4/17 temporary residence is 5 years, after that it is 10 years.
The effect is that a member will generally get taxed on their return to the UK on any benefits the received from the RNUKS while they were non-resident.
*However*, they will not pay any tax on their return to the UK if the total payments received in their period of non-residence (from UK and RNUKS schemes) was below £100k.
The £100k doesn't include tax free PCLS or the tax free portion of a UFPLS since they're not taxable in any case.
138
_Overseas Pensions_
Considerations around UFPLS from an RNUKS, related to BCE 8
BCE 8 is the crystallisation event resulting from a transfer to a QROPS, meaning the value is assessed against the LTA and a potential 25% charge arises. However the funds are not considered crystallised.
If the member is UK resident (or was in the last 5/10 years for a transfer before/after 6/4/17) the rules say it should be treated in the same was as a UFPLS from a UK scheme.
This would mean it would be tested again against the LTA. However the rules say that when calculating a members available LTA, usage due to BCE 8 can be ignored.
