Welcome to a new tax changes to the annual allowance and life time allowance from 6th april 2011
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UCL Pension Services. Welcome to: A New Tax - Changes to the Annual Allowance and Life Time Allowance from 6th April 2011. A New Tax - Changes to the Annual Allowance and Life Time Allowance from 6th April 2011. Today’s presenters: Jon Everard - Head of Pay & Operations

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Welcome to a new tax changes to the annual allowance and life time allowance from 6th april 2011

UCL Pension Services

Welcome to:

A New Tax - Changes to the Annual Allowance and Life Time Allowance from 6th April 2011

UCL Pension Services


A new tax changes to the annual allowance and life time allowance from 6th april 2011

A New Tax - Changes to the Annual Allowance and Life Time Allowance from 6th April 2011

Today’s presenters:

  • Jon Everard - Head of Pay & Operations

    Annual Allowance and Life Time Allowance

  • Jonathan Kempson – Retirement Education Consultant - Prudential

    AVC’s - run for the line!

  • Gary O’Neill – Austin Chapel Independent Financial Advisers

    Will you need financial advice?


Overview for today

Overview for today

  • What is the Annual Allowance (AA) and Life Time Allowance (LTA)?

  • Why are they changing?

  • How are the AA and LTA calculated and what might be the potential tax implications for you

  • Impact of any future pay increase or payment of any future AVC’s

  • Can I maximise this years AA under the old regime?

  • Continued unknowns in the consultation

  • Actions you need to consider going forward

  • Consider independent financial advice


Outcomes for today

Outcomes for today

  • You have a good understanding of the AA & LTA tax changes being implemented in April 2011

  • You are aware of the potential tax impact caused by future pay increases, continued accrual of pension benefits whilst in a final salary pension scheme and paying AVCs

  • You know when & from whom to get the required information necessary for you to calculate the AA and assess whether any tax charge may be due

  • You are aware of the possibility of applying for transitional or personal protection from the April 2012 LTA change

  • You know where to get future pensions and independent financial advice


Terminology

Terminology

  • Important!

  • Please see Pension Terms Glossary


Current pre april 2011 position

Current Pre April 2011 position

  • AA and LTA were introduced in 2006

  • Limits are currently high enough (AA is £255,000 per annum until 5th April 2011; LTA is £1.8M – until 5th April 2012) such that few people at UCL have ever or, in the future, would have been affected

  • Labour government brought in changes in 2009, effective from April 2011, which would reduce the amount of tax relief of those earning over £134,000 (so called ‘Fat Cats’) they received on pension contributions. Aim was to bring in over £3.4B additional or new tax revenue

  • Interim measures known as ‘Anti-Forestalling’ legislation introduced to stop any run for the line by employees earning over £130k paying high amounts of AVCs into pensions funds or AVC accounts before April 2011


2010 general election and coalition governments proposals

2010 General Election and Coalition Governments proposals

  • Labour proposals deemed too cumbersome to administer

  • Proposals targeted main sponsors of employer schemes (directors and senior manager of companies/organisations) – baby out with the bathwater

  • Conservative-Lib Dem wanted a simplified regime which would still bring in same amount of revenue but have a less specific audience and would allow more than modest growth in pension benefits year on year without penalisation


Timeline consultation report implementation date

Timeline - Consultation, report, implementation date

  • Conservative-Lib Dem Budget 22nd June 2010

  • July 2010 consultation document on alternatives to reducing tax relief for high earners

  • October 2010 – report published (some loose ends though)


Timeline further consultation new report awaiting further report

Timeline- Further consultation, new report, awaiting further report!

  • November 2010 – further consultation document issued by HM Treasury on who, how and when to pay AA Charge

  • Consultation ended 7th January 2011

  • Report published 4th March 2011


Timeline new aa report lta legislation concludes today

Timeline – New AA report, LTA legislation concludes today!

Final details on how the AA charge can be paid are now known following report published last Friday

Draft legislation published and consultation ends 17th March

Still awaiting final legislation on any pension protection for LTA where already exceeded £1.5M – probably set out in Finance Act 2011 to be published on 31st March


Annual allowance what is it

Annual Allowance – what is it?

  • An annual threshold or value by which your pension benefits may increase without any personal tax liability

  • Any excess over the AA of £50,000 pa is subject to tax at your marginal (highest) rate of tax.

  • Ability to use any unused AA from previous three tax years to offset any excess of AA ina Pension Input Period (PIP)


Annual allowance how is it calculated

Annual Allowance – how is it calculated?

  • Pension Input Period (PIP) - USS and NHS schemes both 1st April to 31st March

  • Capital Value of pension, lump sum, AVCs at end of PIP

  • Accrual factor of 16

  • Consumer Price Index (CPI)


Annual allowance example 1

Annual Allowance – Example 1

  • Earnings increase from £100,000 to £115,000 on 1st August 2011

  • PIP pay figure for 2011/12 = ((4/12 x £100k)+(8/12 x £115k)) = £110,000

  • 28 years service at 31/3/2011 – 29 years service at 31/3/2012

  • CPI (at September prior) = 3%

  • Accrual factor of 16


Annual allowance example 1 continued

Annual Allowance - Example 1 continued

Total Benefits for PIP to 31/3/2011

  • 28 years/80 x £100,000 = £35,000 + lump sum of 3 x pension = £105,000

  • £ 35,000 x 16 = £560,000 + £105,000 = £665,000

  • £ 665,000 + 3% CPI = £684,950

    Total Benefits for PIP to 31/3/2012

  • 29 years/80 x £110,000 = £39,875 + lump sum of 3 x pension = £119,625

  • £39,875 x 16 = £638,000 + £119,625 = £757,625

    Annual Allowance Charge calculation

  • £ 757,625 - £ 684,950 = £72,675

  • £ 72,675 - £50,000 = £22,675 * 40% = £9,070


Annual allowance example 2

Annual Allowance - Example 2

  • Total Benefits for PIP to 31/3/2011

  • 18 years/60 x £160,000 = £48,000

  • £ 48,000 x 16 = £768,000

  • £ 768,000 + 2% CPI = £783,360

  • Total Benefits for PIP to 31/3/2012

  • 19 years/60 x £165,000(3.125% pay increase) = £52,250

  • £52,250 x 16 = £836,000

  • Annual Allowance Charge calculation

  • £836,000 - £ 783,360 = £52,640

  • £52,640 - £50,000 = £2,640 x 50% = £1,320 [to be paid by individual through self assesment]


Annual allowance example 3

Annual Allowance - Example 3

  • Total Benefits for PIP to 31/3/2011

  • 31 years/80 x £35,000 = £13,562.50 + lump sum of 3 x pension = £40,687.50

  • £ 13,562.50 x 16 = £217,000 + £40,687.50 = £257,687.50

  • £ 257,687.50 + 2% CPI = £262,841.25

  • Total Benefits for PIP to 31/3/2012 (new job in London)

  • 32/80 x £48,000 = £19,200 + lump sum of 3 x pension = £57,600

  • £ 19,200 x 16 = £307,200 + £57,600 = £364,800

  • Annual Allowance Charge calculation

  • £ 364,800 - £ £262,841.25 = £101,958.75

  • £ 101,958.75 - £50,000 = £51,958.75 x 40% = £20,783.50


Annual allowance example 4

Annual Allowance - Example 4

  • Total Benefits for PIP to 31/3/2011

  • 0/60 x £189.000 = £0.00

  • Total Benefits for PIP to 31/3/2012

  • 1/60 x £189,000 = £3,150

  • £ 3,150 * 16 = £50,400

  • Annual Allowance Charge calculation

  • £ 50,400 - £0.00 = £50,4000

  • £ 50,400 - £50,000 = £400 * 50% = £200


Offset of previous years unused annual allowance to reduce tax liability

Offset of previous years unused Annual Allowance to reduce tax liability

  • It is assumed by HMRC for this exercise that prior to April 2011 the AA is £50,000 and not £255,000

  • AA in 2011/12 was £ 72,675AA excess = £ 22,675

  • AA for PIP 10/11 = £43,628.75 based on a £5,000 pay rise and 28 years

  • AA for PIP 09/10 = £42,322.50 based on a £5,000 pay rise and 27 years

  • AA for PIP 08/09 = £10,687.50 based on nil pay rise and 26 years

  • Unused allowances from previous three PIP years

  • £150,000 – (£43,628.75 + £42,322.50 + £10,687.50) = £53,361.25

    • (96,638.75)

  • New adjusted Annual Allowance excess calculation

  • £ 53,361.25 - £22,675 = £30,686.25 AA still unused – no AA Charge due


  • How do you pay the tax

    How do you pay the tax ?

    • HMRC will require you to pay any AAC which is less than £2,000 immediately via your Self Assessment Tax Return (SATR)

    • If the AAC is £2,000 or more, and is applicable to 1 scheme, then you may elect for the pension scheme to pay the AAC on your behalf. You will need to notify HMRC on your SATR of your option. You can part pay yourself and part have the scheme pay

    • Obviously, if the scheme pays the AAC on your behalf then you will need to repay it. No schemes have yet identified how this may be done

    • Some options are:

    • Deduct from any AVC’s you may have

    • Reduce your pensionable service

    • Simple loan with interest accrual until repaid


    How do you know the best option to pay the tax

    How do you know the best option to pay the tax ?

    • From July 2013 pension schemes must provide you on request, by no later than the 6th October proceeding the PIP year, the AA for their schemes PIP, if you have exceeded the AA. If you exceed the AA, they will also be required to provide you with the three previous years calculations aswell

    • If you have used up all your AA you’ll have to pay the AAC. But if the AAC is greater than £2,000 and want the scheme to pay, How do you know what the impact (reduction) will be on your pension benefits?

    • Between 6th October & 31st January you’ll need to liasise with the scheme to find out what the impact of the scheme paying will be.


    Paying the aac timeline

    Paying the AAC timeline


    Things to consider annual allowance

    Things to consider - Annual Allowance

    • Moving job in the sector, pay increase, promotion (becoming Director, Dean, Vice Provost or Provost!) and remaining in the same pension scheme

    • Annual professorial, clinical and appraisal pay awards

    • Pay awards in excess of CPI

    • Receiving a regrading or regrading a member of your staff

    • Employing someone from within the sector may give them a tax bill

    • Paying AVCs or contributions into another scheme

    • Redundancy


    Your responsibilities

    Your responsibilities

    • Ignorance is no excuse!

    • Ask scheme for reduction affect if you need to pay AAC before mid January

    • Inform HMRC via SATR (SA101) of your option

    • Pay AAC if less than £2,000


    Ways to reduce your aa tax liability

    Ways to reduce your AA tax liability

    • AA tax is a reality but might not be a bad thing

    • Additional allowances could be non pensionable

    • Smooth large pay awards over more than 1 year

    • Limit pensionable pay to circa £189K plus CPI (another cap!)

    • Scheme rules might change to reduce growth to AA in any PIP

    • USS are currently looking at ways to mitigate AA tax

    • HMRC are banking on getting more PAYE tax as individuals and schemes identify mitigation methods to pay AA tax –both are at your marginal rate!


    Who might want to consider making the most of the current tax relief available

    Who might want to consider making the most of the current tax relief available?

    • Employees approaching retirement

    • Those considering early retirement

    • Higher earners (£60,000 - £130,000)

    • Those who wish to maximise tax free cash

    25


    Welcome to a new tax changes to the annual allowance and life time allowance from 6th april 2011

    A helping hand from the taxman

    26


    Life time allowance lta what is it

    Life Time Allowance (LTA) – what is it?

    • A threshold on the total value of all your pension benefits before any tax liability

    • Around since 2006 and has increased each year from £1.5M to £1.8M in tax year 2010/2011 (equal to a pension of £74k and a lump sum of £450k)

    • New regime will reduce this to £1.5M from 2012/2013 (£0.5B pa new revenue expected on top of current £4B)

    • Value determined on a Benefit Crystallisation Event (BCE) (retirement)

    • Any excess over the LTA of £1.5M is subject to tax (55% if taken as a lump sum and additional 25% if taken as pension)

    • Protection facility for those who have or may exceed £1.5M by 5th April 2012


    Life time allowance how is it calculated

    Life Time Allowance – how is it calculated

    On a BCE your LTA equals total of:

    • Any pre 2006 pension in payment = per annum value x 25

    • New pension per annum x 20

    • Lump sum due

    • Lump sum received from a previous BCE

    • Fund value of Defined Contribution (DC) schemes (personal/group pensions)

    • Fund value of any AVC, FSAVC or other registered plans


    Life time allowance example 1

    Life Time Allowance – Example 1

    Pension £53,166.67 pa, aged 54 on 30/6/2011

    Current LTA value = £ 53,166.67 x 20 = £1,063,333.40

    Lower than £1.5M therefore LTA not exceeded and growth not a problem

    In 10 years time retires with 39 years service earning £135,000

    Pension = 39/60 x £135,000 = £87,750 x 20 = £1,755,000

    Higher than the current known LTA of £1.5M therefore a LTA Charge due

    £1.5M - £1.755M = £255,000 subject to charge at rate of 55% or 25%

    Options

    • Apply for new pension protection – details not known – refused?

    • Opt out of scheme once LTA achieved

    • Retire once LTA achieved!

    • Pay tax on excess over LTA at known rates


    Life time allowance example 2

    Life Time Allowance – Example 2

    • Pre 2006 Pension in payment equal to £45,000 per annum

    • Lump sum previously received of £135,000

    • Second BCE on 30/6/2013 with new USS pension of £14,000 pa

      (£45,000 x 25) + (£14,000 x 20) + £135,000 = £1,540,000

      Higher than £1.5M therefore LTA exceeded and LTA Charge due

      Taken as a lump sum: LTAC due = £40,000 x 55% = £22,000 refund

      Taken as a pension: LTAC due = £40,000 x 25% = £10,000 (but excess pension would be taxed ongoing at marginal rate of 40%)

    • Tax is paid over to HMRC by the scheme


    Life time allowance example 3

    Life Time Allowance – Example 3

    Pension £53,166.67, aged 51 on 30/6/2011, AVC fund of £150,000

    LTA value = £ 53,166.67 x 20 = £1,063,333.40 + £150,000 = £1,213.33.34

    Lower than £1.5M therefore LTA not exceeded and growth not a problem

    In 10 years time retires aged 61 with 39 years service on £135,000 pa

    Pension = 39 years/60 x £135,000 = £87,750 x 20 = £1,755,000

    £1,755,000 + AVC £200,000 (assume growth) = £1,955,000

    Higher than LTA = excess over £1,955,000 = £455,000 subject to LTAC

    NRA is 65 so benefits taken early subject to a % actuarial reduction of 4% for each year prior to NRA

    £87,750 – 16% = £73,710 x 20 = £1,474,200 + £200,000 = £1,674,200

    Excess subject to LTAC now £174,200


    Life time allowance transitional arrangements

    Life Time Allowance – transitional arrangements

    • Anyone who has 2006 LTA protection is (re)protected!

    • Consultation documents preferred proposal is that if you have already or expect to exceed the new LTA of £1.5M you can apply for ‘fixed protection’ of £1.8M

    • Another proposal is that anyone who was planning to maximise LTA of £1.8M can apply for ‘pension growth protection’ – presumably of £1.8M – no details reported yet


    Things to consider life time allowance

    Things to consider – Life Time Allowance

    • What is my current notional LTA?

    • What are the values of my other pension scheme pots?

    • Have I exceeded current LTA of £1.8M?

    • Have I exceeded new £1.5M LTA ?

    • Do I need to apply for some type of protection?

    • If I’ve not exceeded the LTA, when might I?

    • Is exceeding the LTA okay?

    • Impact of a new post in the sector = increased pay = AA impact and LTA impact

    • Financial advice?


    Going forward run for the line aa or lta

    Going forward - Run for the line, AA or LTA

    • Watch out for further news on Governments plans for payment of AA tax charge and LTA protection

    • Probable last tax year to maximise tax relief through AVC’s if earning under £130k – see Prudential asap

    • Find out what your notional LTA value is - if over £1M then look to get financial advice on future impact of pay increases, continued accrual, value of other pension pots, probable retirement date – see Austin Chapel Independent Financial Advisers

    • Ask your scheme each year for your AA growth

    • Identify impact on your benefits if the scheme pay any of the AAC on your behalf


    Things to consider financial advice

    Things to consider – Financial advice

    • Over 15 years experience of advising higher education professionals.

    • Provide a ‘financial advice in the workplace programme’ for Queen Mary, University of London and The University of Northampton

    • Pre and post retirement advice for individuals in order to maximise pension benefits and mitigate taxation.

    • Investment advice and management service which includes a review of existing investments held and also recommendation of suitable future investments.

    • Individual meetings can be held at the work place or at your home.

    Austin-Chapel

    Independent Financial Advisers LLP


    Further information

    Further information

    • Pension Services Website www.ucl.ac.uk/hr/pensions

    • HM Treasury website http://www.hm-treasury.gov.uk/d/pensions_benefits030311.pdf

    • USS website - factsheets

      www.uss.co.uk/Factsheet%20List/Factsheet%2016%20Limits%20to%20tax%20relief%20and%20tax-free%20benefits%20(2).pdf

      www.uss.co.uk/Factsheet%20List/FS24%2003_2010.pdf

    • NHS website – factsheet www.nhsbsa.nhs.uk/Pensions/Documents/Pensions/High_Earners_Factsheet_-_10.2010_(V4).pdf

    • HMRC – Self Assessment Tax Return www.hmrc.gov.uk/forms/sa101.pdf

    • BMA website - www.bma.org.uk/employmentandcontracts/pensions

    • Austin Chapel Independent Financial Advisers

      [email protected] – Mobile 07860 240855


    Questions

    Questions


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