This question arises from time to time. Note that the following information is based on our interpretation of tax legislation, HMRC practice and our own pension scheme rules.
In most cases, it is NOT possible to make a refund of contributions made to a registered pension scheme, except where:
1. The customer has exercised their right to cancel the entire SIPP, which applies in the first 30 days since the SIPP commenced.
Note that the cancellation rules mean that the whole SIPP would be cancelled and could not be restarted. If the customer still wished to have a SIPP with us, a fresh application would be required.
2. A personal contribution has been made in the tax year, which is higher than the individual’s relevant UK earnings.
In this case, it may be possible to make a Refund of Excess Contributions Lump Sum payment to the customer, with any associated tax relief paid back to HMRC within 90 days of discovery.
Note that there would need to be sufficient uncrystallised funds in the SIPP to make the payment, and that it may be necessary to revalue the assets of the SIPP where there is a mixture of uncrystallised and crystallised funds. We would require sufficient evidence that the customer is eligible to receive the Refund of Excess Contributions Lump Sum. It would not be possible to only refund part of the excess amount.
We will always require evidence of the amount of relevant UK earnings for the individual, and we would not agree to a Refund of Excess Contributions Lump Sum during the same tax year as the contributions were paid.
For more details about these payments please visit: https://www.gov.uk/hmrc-internal-manuals/pensions-tax-manual/ptm045000#Refundecls
3. Exceptionally, the contribution to be refunded falls under the ‘genuine errors’ provisions.
These types of error could occur for instance, if an employer makes regular contributions and their bank didn’t process the instruction to stop the payment and can provide evidence this.
Whilst it may appear that this type of error can cover a lot of ‘mistakes’, they tend to be mechanical in nature and as such are very rare and do not cover things like being unaware of contribution allowances and the associated tax rules or relying on the advice of others.
You can read more about this here: https://www.gov.uk/hmrc-internal-manuals/pensions-tax-manual/ptm146000
Note that we will always make a refund if instructed by a UK Court Order.
September 30th, 2024