InvestAcc Pension Administration

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Special Annual Allowance and Anti-forestalling Provision

The government has announced its intention that from 6 April 2011 tax relief on pension contributions paid by or on behalf of individuals with an annual income of £150,000 or more will be restricted. Tax relief will be tapered away so that those individuals earning £180,000 or more, relief will be the same as basic rate taxpayers i.e. 20%. Until 6 April 2011 anti forestalling provisions are being introduced to prevent individuals taking advantage of the existing regulations.

You will only be affected if:

  • Your total taxable income is £150,000 or higher in the current or previous two tax yearsand
  • Your total pension contributions exceed £20,000 excluding your normal regular contributions

It will not affect you if:

  • Your total taxable income is less than £150,000 and was less than £150,000 in previous 2 tax years
  • Your total taxable income is over £150,000 and you continue only to pay existing regular pension contributions in force prior to 22 April 2009
  • Your total taxable income is £150,000 or higher and your pension contributions are less than £20,000

The special annual allowance is set at an upper limit of £20,000 on additional pension savings for which full tax relief at the higher rates of income tax can be given. If this limit is exceeded the individual will be liable to a tax charge to recover tax relief above basic rate given on the additional pension savings. This will be paid through their self-assessment tax return.

The special annual allowance may be increased to a maximum of £30,000 for individuals who have paid irregular contributions in the current tax year and previous two tax years with the average of total contributions paid deemed regular contributions subject to a maximum of £30,000.

As the new rules came into effect immediately some people may find they have inadvertently exceeded the special annual allowance. Where the scheme rules allow refunds of contributions are permitted but will be liable to a 40% tax charge to recoup the rate at which tax relief was originally given. Refunds of contributions cannot be made until the following tax year in which the contribution was made.

These changes will not affect the vast majority of individuals and in respect of how Minerva SIPP handles contributions we will continue to reclaim 20% tax relief on net contributions.

Please refer to www.hmrc.gov.uk/budget2009/tax-relief-pen-cont.htm for more information.

October 29th, 2009