The essential principle of the annual allowance is to limit the amount of ‘tax privileged’ pension savings an individual can accrue each tax year. If exceeded, a client may have to pay an annual allowance tax charge. The amount depends on the excess amount, how much the client has earned in the tax year and whether they have any unused allowances they can carry forward to reduce or potentially eliminate the charge.
Broadly speaking, the charge is calculated by notionally adding the excess amount to the client’s taxable income for the year and is charged at their marginal rate (or rates if an income tax threshold is crossed). If a charge is due, then the next step is deciding how to pay it.
1. Direct payment to HMRC
The client has the option to pay the charge themselves, directly to HMRC, typically through self-assessment.
2. Scheme Pays
It may be possible for the client to pay some or all of the charge from their pension account. This is often a more palatable option and may also offer a pecuniary tax advantage (particularly if the lifetime allowance is a consideration). There are two types of Scheme Pays and, depending on the amount, how the charge arose and their circumstances, a client may have access to one, both or neither of them.
Mandatory Scheme Pays
If certain conditions are met, the pension scheme must fulfil requests to pay the charge from the pension and it will become jointly and severally liable with the client for some or all of the tax charge. However, this option is only available in limited circumstances:
- When the person's total annual charge is over £2,000* and;
- The client has exceeded the standard annual allowance (i.e. £40,000) for the pension scheme in the same tax year (for this purpose the tapered annual allowance and money purchase annual allowance are ignored).
* There is no minimum that the client can ask the scheme to pay but if this is less than £2,000 then they will need to confirm to the scheme that their total annual allowance tax charge liability is greater than £2,000. It will also only cover any charge on excess contributions over the standard annual allowance.
It doesn’t apply when:
- They have an overall charge of less than £2,000 and/or
- The client has exceeded the tapered annual allowance and/or the MPAA, but the contributions paid into the pension scheme hasn’t exceeded the £40,000 standard annual allowance.
It partially applies when:
The client has exceeded the tapered annual allowance or the MPAA and the £40,000 standard annual allowance. In this situation, the scheme will only cover any charge on the excess over £40,000.
Voluntary Scheme Pays
Any pension scheme can offer Voluntary Scheme Payments but, unlike us, many do not. Where this facility is offered, there are no minimums and the scheme can pay any annual allowance tax charge, even if it isn’t in relation to that arrangement. However, the scheme will never become jointly and severally liable for the charge. As such, the reporting and payment deadlines for Voluntary Payments are different to Mandatory Payments.
Deadlines for Scheme Pays requests must be adhered to. If they are missed, then the option may not be available. The deadlines for our Pension Scheme Pays requests are shown below:
|Our Scheme Pays deadlines|
|Mandatory Scheme Pays||You must submit a request by 31 July in the year after the tax year when the charge became due. So, if you exceed the standard annual allowance in the 2021/22 tax year, you have until 31 July 2023 for the transaction to be completed.|
|Voluntary Scheme Pays||You must submit a request by 31 August in the same year when the charge becomes due. So, if you exceed an annual allowance in the 2021/22 tax year, you have until 31 August 2022 to get in touch with us. This will allow us to take the money out of your pension and pay the charge (within the periods that pension schemes must abide to) before the deadline for self-assessment.|
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