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Twelve
Pension
Planning
Tips
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by
Steve Meredith, Scottish Widow's Senior Financial Planning
Manager
Steve
Meredith is Scottish Widow's Senior Financial Planning Manager,
Pensions frequently writing and commenting on Pension planning
issues from an employer, employee or self employed perspective.
He has over 35 years industry experience, exclusively pensions
based for the past 25 years. He is the manager of the Pensions
team and speaks regularly on Pension planning issues.
I
would like to thank Steve on behalf of Scottish Widows for
sharing this contect with us.
'Traditionally
Christmas is a time to relax and messages of good will
sent out. But it's also a topical time to discuss pension
planning with messages regarding the end of the tax year,
coupled with the popular company year end of 31 March.
With this in mind here are twelve ideas to increase retirement
savings.
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1.
Maximise pension contributions whilst you can
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Traditionally
Christmas is a time to relax and messages of good will sent
out. But it's also a topical time to discuss pension planning
with messages regarding the end of the tax year, coupled
with the popular company year end of 31 March. With this
in mind here are twelve ideas to increase retirement savings.
Many
individuals consider investing some of their redundancy
payment, especially any amount over the first (tax-free)
£30,000. If a redundancy payment greater than £30,000
is received and added to 2009/10 income earned before redundancy,
higher rate tax may be paid on a considerable amount. However,
earnings for 2010/2011 could be far lower or even nil, in
which case the contribution would be limited to £3,600.
Those wanting to obtain higher rate tax relief may need
to contribute before the end of the tax year.
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2.
Salary exchange (not 'sacrifice')
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In
the past, it has sometimes been difficult to gain the support
of employees for this idea as 'sacrifice' implies that there
is something being given up, or lost, and this is not the
case. An 'exchange' is taking place, value is not lost,
and it's important this is realised.
A
reduction in earnings means a reduction in national insurance
payments and these savings can be used to provide benefits
in a number of ways. If the employee and employer national
insurance savings are added, the employer pension contribution
could be up to 31% higher than receiving the salary and
paying a personal contribution. For higher rate taxpayers
who opt for salary exchange, the increase in contribution
would be lower (14.7%) but there would be the added benefit
of tax relief at source.
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3.
Use input periods
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There
are a few key points to be aware of:
-
All
registered pension schemes have a 'pension input period'.
-
The
pension input during a pension input period is compared
to the annual allowance for the tax year when the period
ends.
-
In
a money purchase scheme, the member may choose to end
the pension input period less than twelve months after
the start.
Example
- Mary runs her own business. A pension plan commences on
15 March 2010 with a £245,000 employer contribution.
Mary nominates to end the input period on 19 March 2010.
The contribution is tested against the annual allowance
for the tax year in which the input period ends (2009/2010).
Mary's
second pension input period starts on 20 March 2010 and
on this day her employer contributes £255,000 which
is tested against the annual allowance for 2010/2011.
Mary
nominates to end this second input period on 6 April 2010
(there must only be one input period end, per arrangement,
in each tax year).
The
third input period starts on 7 April 2010 and ends on 7
April 2011 (in 2011/2012). Any contribution paid between
these dates is tested against the 2011/2012 annual allowance.
It is therefore possible for Mary's employer to pay another
contribution on 7 April 2010 of £255,000.
This
means that £245,000 is paid on 15 March 2010, £255,000
a few days later on 20 March and £255,000 on 7 April
- a total of £755,000 of company contributions in
a matter of days. (The contributions need to be acceptable
by the local inspector as 'wholly and exclusively' for employer
tax relief to be given).
Contributions
of this level will not necessarily make sense if relevant
income is over £150,000, as 'anti-forestalling' will
bring a special annual allowance charge and a hefty personal
tax bill. However, if relevant income is less than £150,000
in the current and previous two tax years, then the anti-forestalling
regulations will not apply. But remember relevant income
includes investment income, not just earnings from employment.
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4.
Carry back trading losses
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Where
a company makes pension contributions, valuable corporation
tax relief can be secured, even when they are made during
a loss making accounting period.
Where
pension contributions are allowable as a deduction against
corporation tax, any trading loss can be set against profits
from the previous year and, following the 2008 pre-Budget
report and 2009 Budget announcement, the two years preceding
that year. The 'carry back' relief extension means a tax
refund can be received earlier.
-
Claims
are possible for companies making returns for accounting
periods between 24 November 2008 and 23 November 2010
-
Losses
are offset against the preceding year first and the
amount able to be carried back to the first preceding
year is unlimited
-
A
maximum of £50,000 of the balance of any unused
losses can be carried back to the two earlier years.
Trading
losses may also be carried forward to set against future
profits. As long as the company paid corporation tax in
the previous three accounting periods or will be paying
it in subsequent periods, tax relief will be applied to
pension contributions provided they are made wholly and
exclusively for the purposes of the trade.
Consider
reviewing cases where a trading loss has been made between
these dates to ensure this valuable planning opportunity
doesn't get overlooked.
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5.
Claim higher rate tax relief
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Personal
contributions to pension plans are often paid out of net
pay and grossed up by basic rate tax relief. For higher
rate taxpayers, the difference between higher and basic
rate relief is reclaimable when completing a self assessment
tax return.
The
difference between higher rate and basic rate can be claimed
by completing and returning a self assessment tax return.
If members don't do this they may not receive the tax saving
that is due.
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6.
Contribute at least £20,000 (this year and next)
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It's
a good idea to remind clients of the cost of delaying pension
contributions and the possible effects on future retirement
provision.
Example
- For illustrative purposes, let's assume a growth rate
of 7% each year and an annual management charge of 1% each
year.
John
has relevant income of £200,000 for 2009/2010. He
is aged 50 and intends to take his pension benefits at age
65.
If
John paid £20,000 gross in 2009/2010 and 2010/2011,
these contributions could be worth £92,260 at age
65. The effective cost would be £22,000 (£20,000
less 40% tax relief plus £20,000 less 50% tax relief).
If
payment is deferred until 2011/2012, then using the same
assumptions, a contribution of £40,000 could be worth
£84,588 at age 65. The cost to John would be £32,000
(£40,000 less 20% tax relief).
John's
choice is to pay a total of £22,000 net over 2009/2010
and 2010/2011, or pay nearly £35,000 net in 2011/2012
to achieve the same potential fund value at age 65.
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7.
Third party contributions
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This
offers considerable scope for inheritance tax and pension
planning with the advantage that a donor can gift money
in his/her lifetime without any possibility of IHT (subject
to surviving 7 years) whilst making pension provision
for future generations.
The
value of the gift is enhanced by basic rate tax credit
when it is paid into the pension plan. The donor does
not need to worry about beneficiaries frittering away
the monies because access to the funds is not normally
available until age 55.
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8.
Manage relevant income
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Anti-forestalling
introduced a 'relevant income' threshold of £150,000
(and a 'special annual allowance' of £20,000). Anyone
with lower relevant income is not affected by the rule changes.
But even if this year's income is less than £150,000,
it may have been higher in either of the previous two tax
years.
Assuming
that relevant income for all three years is under £150,000,
there are a number of pension planning issues and opportunities:
- Salary
exchange will continue to be attractive as a means of
reducing tax and national insurance contributions, for
those with relevant income of less than £150,000.
- Maximise
personal contributions. Anyone with relevant income
under £150,000 can pay up to 100% of their relevant
UK earnings and get tax relief at their highest marginal
rate.
- Let
the employer make the contribution. Contributions from
an employer are not normally added back in to the calculation
of relevant income. So it's possible for relevant income
to remain below £150,000, and employer contributions
to be paid up to the annual allowance or even beyond
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9.
Retain your personal allowance in 2010/2011
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If
'adjusted net income' is over £100,000, the basic
personal allowance will be reduced or removed entirely.
£1 of personal allowance will be lost for every £2
of income earned over £100,000. All personal allowance
will be lost when earnings approximately equal £112,950
(assuming the current personal allowance) - giving an effective
60% tax rate.
'Adjusted
net income' is taxable income reduced by specified deductions
(such as trading losses and payments made gross to pension
schemes) as well as grossed-up gift aid and pension contributions
which have received tax relief at source. Provided an individual's
'adjusted net income' is not over £100,000, they will
continue to be entitled to the full amount of the basic
personal allowance. Making a personal pension contribution
would reduce adjusted net income, which not only reduces
the higher rate tax liability, but could also mean retaining
the full personal allowance and effective tax relief of
up to 60%.
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10.
Bed and SIPP
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Approved
share option plans can be rolled over on maturity into a
pension arrangement and deliver a tax relief top-up. It
may also be possible to encash other types of assets and
securities and invest the proceeds into a pension plan which
offers access to a wide range of investments, such as a
self invested personal pension.
Basic
rate tax relief is added to the contribution (which may
help to offset any losses), and the original investment
can then be replicated as far as possible in the pension
plan.
'Sheltering'
investments in a tax favoured wrapper such as a pension
plan or ISA can even help to reduce relevant income and
avoid the possibility of the anti-forestalling provisions
biting.
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11.
Carry back of gift aid
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The
final step of calculating 'relevant income' under 'anti-forestalling'
deducts gift aid contributions. Potentially, gift aid contributions
could reduce 'relevant income' below £150,000 and
mean not being affected by 'anti-forestalling'.
A
donation, subject to gift aid, can be backdated to a previous
year if a nomination is made on the self assessment tax
return for that year, i.e. before it is submitted to the
HMRC by either the 31 October deadline for a paper return
or the 31 January deadline for an online return.
This
means that provided the 2008/2009 tax return has not yet
been submitted, a claim can still be made by 31 January
2010. HMRC Form P810 Tax Review can be used for those who
do not submit a self assessment tax return - the deadline
is still 31 January 2010.
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12.
Income recycling
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While
the Government's position on recycling tax-free cash is
well known, no similar action has been taken against recycling
income.
The
'recycled' income is invested in an uncrystallised pension
arrangement, offering additional tax-free cash and improved
lump sum death benefits, which are not subject to 35% tax
or (normally) inheritance tax.
Providing
the income is reinvested immediately, all other things being
equal, the total fund invested should remain the same as
if no income were taken (tax relief cancelling out income
tax). However, higher rate taxpayers must be aware of the
tax relief time lag. They will not experience full fund
replacement unless they replace the marginal higher rate
tax up front from other resources before claiming the relief
later.
Income
recycling could be particularly useful to those who are
50 or over, but under 55 on 6 April 2010, who want to access
their benefits before then, rather than wait up to another
five years.
Recycling
income into a third party's pension is also a useful estate
planning tool. Unlike 'personal' income recycling this option
is even possible post-75 and could be useful planning for
someone concerned about death while in alternatively secured
pension.'
For
more information on any of the subjects above please contact
us for a free confidential consultation.
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This
was written before the 9th December pre Budget report.
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