The only conclusion that I can draw from the proposed change to pension tax relief for high earners, is that it kills pension planning stone dead. The likelihood is that after paying a top marginal rate of 50% on their earnings, most will be paying 40% on their retirement income, yet tax relief on pension contributions will be restricted to 20%. This hardly seems equitable given that pensions generally only defer taxation. The tax pendulum has now swung so far in the government’s favour high earners need to find other retirement funding strategies.
So what do these proposals actually mean, let me take a look in detail. From April 6th 2011 the Government intends that individuals whose income is £150,000 or more will no longer receive tax relief at their full marginal rate of tax (currently 40%) on pension savings/contributions. Of course, as with the pension simplification exercise, it’s far from straightforward.
It has been outlined that the relief is to be reduced by a tapering mechanism so that those earning more than £180,000 receive relief at the basic rate only (currently 20%). This doesn’t only apply to personal contributions, as the budget papers refer to Pension Savings, which includes pension contributions (employer or employee) to money purchase arrangements, as well accrual of final salary benefits. Although the budget talked about the introduction of the reduced rate of tax relief taking effect from April 2011, in a surprise move the chancellor announced measures designed to pre-empt the reduction in tax relief.
Restricting relief before 2011
Legislation is being introduced designed to undo any tax reliefs that would be received by high earners trying to accelerate their pension contributions (or final salary benefits) prior to 2011. These restrictions are effective immediately – i.e. from 22nd April 2009.
High earners who have already made (or expect to make) contributions greater than £20,000 in the 2009/10 tax year, need to act quickly to avoid incurring a tax charge as a result of this “anti-forestalling” legislation. This is especially important if contributions have historically been made at irregular intervals.
With immediate effect the budget introduced a new “special annual allowance” of £20,000 maximum. For high earners, tax relief on pension savings above this allowance will only be at the basic rate of tax. The Revenue will recover any tax relief given at a higher rate than basic rate through a “special annual allowance charge” via self-assessment tax returns.
The special annual allowance charge will apply only if an individual:
• has “relevant income” greater than £150,000 in the tax year of the savings or the previous two (so for savings assessed for 2009/10, any tax year from 2007/08);
and
• the individual increases the level of their pension savings beyond their normal regular ongoing pension savings.
This means that an individual who is earning (or has earned) more than £150,000 yet simply maintains their level of regular pension savings as it currently stands should not be affected by the anti-forestalling legislation.
Pension savings greater than the normal regular ongoing pension savings made between 6th April 2009 and 21st April 2009 are not subject to the special annual allowance charge but will reduce the special annual allowance available in 2009/10.
Further clarification
“Relevant income” is defined as total income for the tax year less any normal deductions for reliefs (including pension contributions up to £20,000). Importantly, any salary sacrifice in respect of pension contributions or benefits must be added back to the income figure if the agreement took place on or after 22nd April 2009.
“Normal regular ongoing pension savings” for money purchase arrangements it refers to the level of payments that have been made before 22nd April 2009 which are at least quarterly; and for a final salary arrangement, it includes all benefits provided they are calculated under scheme rules that do not change on or after 22nd April 2009.
Calculating Pension Savings For the special annual allowance the basis of calculating the value of pension savings is similar to the existing Annual Allowance calculation. Brief this means that for money purchase arrangements, the value is the total contributions made in relation to that individual, including any from the employer, in the tax year;
And for final salary arrangements this means the increase in accrued rights over the tax year multiplied by 10. If an individual triggers the special annual allowance charge, the law will allow (subject to the pension scheme’s own rules) the member to unwind the pension savings that gave rise to it.
Note: This is a very short summary that aims to cover the broad implications of the budget proposals. The technical notes run to approximately 100 pages and we have barely covered the basics.