As expected following the last budget, in the Autumn statement the government confirmed it will introduce legislation to abolish the Lifetime Allowance with effect from 6 April 2024. The legislation will aim to clarify the taxation of lump sums and lump sum death benefits. It will also detail the application of lifetime allowance protections and the tax treatment for overseas pensions.
The legislation should also provide clarity concerning transitional arrangements and reporting requirements for pension schemes.
What more do we now know?
We have said for a while that with the pension changes, the devil was in the details and away from the headlines, HMRC quietly updated the original abolition of the lifetime allowance policy paper it first published on 18 July. This clarified several of the potential issues the industry had identified in the initial proposals and we expect to see this reflected in the legislation.
The key changes to the policy document are:
• The updated policy paper confirms that beneficiary drawdown and annuity payments will continue to be paid free of income tax when the member dies under the age of 75.
• Payments made under the trivial commutation, small pots and winding up lump sum rules will not be included in the new limits for tax-free cash payments and tax-free lump sum death benefit payments.
• It would seem there may be an opportunity for some who have previously taken benefits without taking their tax-free cash entitlement to claim tax-free cash on their remaining funds where previously they couldn’t because they would be restricted by the lifetime allowance.
What is replacing the Lifetime Allowance?
As a reminder, the plan is to replace the lifetime allowance with two limits – a lump sum allowance to limit tax-free cash payments and a lump sum and death benefit allowance to limit the total of tax-free payments both in lifetime and on death.
In a change to the previous rules, only lump sum payments will be tested whereas income payments can be made without restriction (but subject to income tax).
Other Pension-Related Items
It would seem that the reality of workplace pensions is beginning to filter through as there is potential for employees to end up with multiple small pots as they move employment and these can become difficult to keep track of. To tackle the problem, the Chancellor announced plans to create a ‘pot for life’ which aims to allow workers the option to have one pension plan and would require employers to pay contributions to it, rather than joining new workplace schemes each time they moved jobs. The government will also consult on plans to allow a small number of authorised schemes to act as a consolidator for pension pots under £1,000.
Whilst this is a positive move in terms of the employee, it does raise questions of how an employer would administer this easily as in theory, it could lead to a Direct Debit payment per employee into different schemes.
National Insurance and salary sacrifice
In the autumn statement, there was also an announcement which reduced employee National Insurance by 2% from 6th January 2024. Whilst not directly related to pensions the 2% reduction in the employee national insurance could see some sacrifice arrangements changing if they had been set up to keep the take-home pay the same.
Despite this, salary sacrifice still generally remains the most attractive way of making contributions where the option is available.
If you would like to discuss any of the items mentioned above or anything else around your financial planning then please do
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