Category: Executive Penson

Lifetime Allowance Falls to £1m: Could you be caught?

Pension Lifetime Allowance (LTA) decreased to £1m on 6 April 2016. In combination with previous reductions, it has fallen almost by half from its 2012 high of £1.8m. High net worth professionals like solicitors, barristers and accountants often underestimate the risk of exceeding their LTA. That might become very costly in the future. Above LTA, pension income is subject to 25% tax and lump sum a whopping 55%.

Example
Consider George. He is an accountant and has his own accounting business. He is in his 40’s, approaching halftime of his career. His pension pot is worth about £400,000. George considers himself comfortable, but not particularly rich. He’s heard the news about the falling LTA, but £1m sounds like different world. He’s nowhere near a millionaire after all, so he doesn’t need to worry about LTA.

Truth is, if George continues to contribute to his pension plan at the same rate, or (more likely) increases his contributions a little bit in the later years of his career, he can easily get dangerously close to the £1m mark, or even exceed it. This does not mean that he should stop contributing, but the sooner he becomes aware of the issue and starts planning, the wider options he has.


What are the options for senior professionals at risk of exceeding the new LTA?

LTA Protection
First, if you are likely to exceed the new reduced LTA (£1m), or already have, you can apply for LTA Protection, which is a transitional scheme to protect taxpayers from the unexpected LTA reduction. Depending on your circumstances you have two main options:

  • Individual Protection for those with pension pots already worth over £1m. Your LTA will be set to the lower of 1) the current value of your pension 2) £1.25m (the old LTA).
  • Fixed Protection for those with pension pots below £1m at the moment, but likely to exceed it in the future. Your LTA will be $1.25m, but no further contributions are allowed.

Other conditions apply and many factors must be considered when deciding whether LTA Protection is worth it in your case. Also note that a similar LTA Protection scheme has been in place for the 2014 decrease in LTA (from £1.5m to £1.25) – you can still apply until 5 April 2017.

LTA Planning Options and Alternatives
If you have higher income and want to save more than the LTA allows, the first thing to look at is an ISA. It won’t help you reduce taxes now, because it’s always after-tax money coming in, but in retirement you’ll be able to draw from your ISA without having to pay any taxes – capital gains, interest and dividends are all tax-free within an ISA. There is no lifetime allowance on ISAs, only an annual allowance, currently at £15,240 and rising to £20,000 in April 2017. Furthermore, you don’t even have to wait for retirement – you can withdraw from your ISA at any time.

Another alternative is to invest in stocks, bonds or funds directly, outside a pension plan or ISA. Capital gains, interest and dividends are subject to tax in this case, but there are relatively generous annual allowances which you can take advantage of – the most important being the CGT allowance, currently at £11,100 (the first £11,100 of capital gains in a tax year is tax-free).

These two options alone provide a huge scope for tax-free investing when planned properly. Those on higher income may also want to consider more complex solutions, such as trusts, offshore pensions or offshore companies, although the use of these always depends on your unique circumstances and qualified advice is absolutely essential – otherwise you could do more harm than good.

Conclusion
LTA planning must be taken seriously even when it seems too distant to worry about at the moment. Pensions are the cornerstone of retirement planning, but not the only tool available. With careful planning, a combination of different investment vehicles and tax wrappers is often the most efficient, especially for higher net worth professionals.

10 good reasons to pay into a pension before April

There are less than three months to go before the new pension freedom becomes reality. With the legislation now in place, the run up to April is time to start planning in earnest to ensure you make the most of your pension savings.

To help, here are 10 reasons why you may wish to boost your pension pots before the tax year end.

1. Immediate access to savings for the over 55s

The new flexibility from April will mean that those over 55 will have the same access to their pension savings as they do to any other investments. And with the combination of tax relief and tax free cash, pensions will outperform ISAs on a like for like basis for the vast majority of savers. So people at or over this age should consider maximising their pension contributions ahead of saving through other investments.

2. Boost SIPP funds now before accessing the new flexibility

Anyone looking to take advantage of the new income flexibility may want to consider boosting their fund before April. Anyone accessing the new flexibility from the 6 April will find their annual allowance slashed to £10,000.
But remember that the reduced £10,000 annual allowance only applies for those who have accessed the new flexibility. Anyone in capped drawdown before April, or who only takes their tax free cash after April, will retain a £40,000 annual allowance.

3. IHT sheltering

The new death benefit rules will make pensions an extremely tax efficient way of passing on wealth to family members – there’s typically no IHT payable and the possibility of passing on funds to any family members free of tax for deaths before age 75.
You may want to consider moving savings which would otherwise be subject to IHT into your pension to shelter funds from IHT and benefit from tax free investment returns. And provided you are not in serious ill-health at the time, any savings will be immediately outside your estate, with no need to wait 7 years to be free of IHT.

4. Get personal tax relief at top rates

For those who are higher or additional rate tax payers this year, but are uncertain of their income levels next year, a pension contribution now will secure tax relief at their higher marginal rates.

Typically, this may affect employees whose remuneration fluctuates with profit related bonuses, or self-employed individuals who have perhaps had a good year this year, but aren’t confident of repeating it in the next. Flexing the carry forward and PIP rules* gives scope for some to pay up to £230,000 tax efficiently in 2014/15.
For example, an additional rate taxpayer this year, who feared their income may dip to below £150,000 next year, could potentially save up to an extra £5,000 on their tax bill if they had scope to pay £100,000 now.

* Contact me if you don’t know what this is.

5. Pay employer contributions before corporation tax relief drops further

Corporation tax rates are set to fall to 20% in 2015. Companies may want to consider bringing forward pension funding plans to benefit from tax relief at the higher rate. Payments should be made before the end of the current business year, while rates are at their highest. For the current financial year, the main rate is 21%. This drops to 20% for the financial year starting 1st April 2015.

6. Don’t miss out on £50,000 allowances from 2011/12 & 2012/13

Carry forward for 2011/12 & 2012/13 will still be based on a £50,000 allowance. But as each year passes, the £40,000 allowance dilutes what can be paid. Up to £190,000 can be paid to pensions for this tax year without triggering an annual allowance tax charge. By 2017/18, this will drop to £160,000 – if the allowance stays at £40,000. And don’t ignore the risk of further cuts.

7. Use next year’s allowance now

Some may be willing and able to pay more than their 2014/15 allowance in the current tax year – even after using up all their unused allowance from the three carry forward years. To achieve this, they can maximise payments against their 2014/15 annual allowance, close their 14/15 PIP early, and pay an extra £40,000 in this tax year (in respect of the 2015/16 PIP). This might be good advice for a individuals with particularly high income for 2014/15 who want to make the biggest contribution they can with 45% tax relief. Or perhaps the payment could come from a company who has had a particularly good year and wants to reward directors and senior employees, reducing their corporation tax bill.

8. Recover personal allowances

Pension contributions reduce an individual’s taxable income. So they’re a great way to reinstate the personal allowance. For a higher rate taxpayer with taxable income of between £100,000 and £120,000, an individual contribution that reduces taxable income to £100,000 would achieve an effective rate of tax relief at 60%. For higher incomes, or larger contributions, the effective rate will fall somewhere between 40% and 60%.

9. Avoid the child benefit tax charge

An individual pension contribution can ensure that the value of child benefit is saved for the family, rather than being lost to the child benefit tax charge. And it might be as simple as redirecting existing pension saving from the lower earning partner to the other. The child benefit, worth £2,475 to a family with three kids, is cancelled out by the tax charge if the taxable income of the highest earner exceeds £60,000. There’s no tax charge if the highest earner has income of £50,000 or less. As a pension contribution reduces income for this purpose, the tax charge can be avoided. The combination of higher rate tax relief on the contribution plus the child benefit tax charge saved can lead to effective rates of tax relief as high as 64% for a family with three children.

10. Sacrifice bonus for employer pension contribution

March and April is typically the time of year when many companies pay annual bonuses. Sacrificing a bonus for an employer pension contribution before the tax year end can bring several positive outcomes.
The employer and employee NI savings made could be used to boost pension funding, giving more in the pension pot for every £1 lost from take-home pay. And the employee’s taxable income is reduced, potentially recovering personal allowance or avoiding the child benefit tax charge.

Changes to the UK State Pension

The Department for Work and Pensions has just launched a new campaign to explain the new single-tier state pension.

The new single-tier state pension, which will replace both the basic state pension and the state second pension (S2P) is now only 16 months away. While the focus of late has been on increased flexibility for private pensions, the state pension reform is in some respects more significant, if only because it will affect many more people.

The Department for Work & Pensions (DWP) has launched what it describes as a “new multi-channel advertising campaign” which it hopes will “ensure everyone knows what the State Pension changes mean for them.” That may be a tall order to judge from some research results which the DWP published alongside the press release announcing its new campaign. That research showed:
• 42% of people yet to retire admitted that they needed to find out more about saving for retirement;

• 38% conceded they “try to avoid thinking about” what will happen when they stop working;

• Only 60% of those surveyed realised it is possible to take action to increase their State Pension; and

• 37% of those aged 65 or over thought (wrongly) that the amount of their state pension will change as a result of the reforms. Although the DWP did not ask the obvious question, the chances are very few in that group were expecting a cut in payments after April 2016.

The DWP’s ministers “are urging everyone – and the over-55s in particular – to look at what the changes will mean for them and to secure a detailed State Pension statement so that everyone can plan accurately for retirement.” It is a recommendation we thoroughly agree with. However, be warned that if you have ever been a member of a contracted pension scheme you could well find that your projected state pension is less than “around £150 a week”, which is commonly quoted – even by the DWP in its press release.

Temporary Transfer Relaxation for pensions carrying higher tax free cash or early retirement age

Formerly pension scheme members with schemes carrying a higher entitlement to tax free cash or an early retirement age would loose these when transferring to a new plan, unless at least one other member of the same scheme transferred with them at the same time, to the same scheme. For schemes without any other members, such as section 32 plans, one person EPPs or assigned policies, this meant that the option to preserve protections when transferring to personal pensions was not available.

However, solo transfers are now permissible, as long as the following criteria are met:

• The transfer must fully extinguish all rights within the current plan
• The transfer must be made in a single transaction
• The transfer must be completed before 6 April 2015
• The new plan must be fully crystallised (including any other rights held within the new plan) before 6 October 2015
• Benefits are payable from age 55 (unless a protected retirement age is available).

As the transfer must be completed before 6 April, the investor would also have the choice to set up a capped drawdown arrangement, should they wish to retain the higher annual allowance. It should also be noted that any GMP benefits will be lost on transfer.

So what does this mean?

Pension scheme members who have held off transferring their benefits due to a potential loss of tax free cash or because they will loose the ability to retire early may now make an individual transfer to a new plan without loosing the enhanced benefits.

Who does this affect?

• Sports people and members of professions who were previously entitled to early retirement ages
• Members of occupational defined contribution pension schemes such as Executive Pensions, Small Self Administered Schemes (SSAS), Contracted Out and Contracted In Money Purchase Schemes (COMPs and CIMPS)
• Those who have transferred their benefits to a Section 32 Buy-Out

This is a complex area and advice from a pensions specialist should always be taken before implementing any transactions.