The 2009 Budget included a measure designed to stop people earning £150,000 or more from “increasing” their pension contributions in the tax years 2009/10 and 2010/11 in advance of the new 20% cap on tax relief coming in from April 2011.
Unfortunately, the self employed and owners of small companies who have traditionally waited until the end of the tax year when they can assess their cash position and take advice about pension savings will be the hardest hit. The annual or sporadic contributions that are generally made are not regarded as “regular” contributions and thus are not protected under the new rules.
Broadly, you will not be affected by the new rules:
• if your total annual income is less than £150,000 in any of the tax years from 2007/08 onwards
• even if your total annual income was £150,000 or more if you continue as normal with your existing “regular” pension savings (including any employer contributions) and do not increase your pension savings after 22 April 2009. (see example below)
• If your total annual income was £150,000 or more and you increase your pension savings provided your overall annual pension contributions are less than £20,000.
Pension Contributions in excess of £20,000 (that are not part of ongoing regular pension contributions) will be subject to an additional tax charge which will be collected through the self assessment tax return (to restrict the tax relief to 20%).
Annual pension contributions are limited to 100% of a person’s gross UK earnings, subject to a maximum of £245,000 (2009/10) tax year) and £255,000 (2010/11 tax year).
Example:
A has income of £170,000 in 2009/10 and makes total pension contributions of £50,000 to his personal pension scheme. The contributions reflect a regular monthly contribution of £2,000 (as for previous years) and a single payment of 26,000.
• A’s income exceeds the £150,000 income threshold and his pension contributions are more than the £20,000 special annual allowance.
• However, his normal regular contributions of £24,000 are not subject to the special annual allowance charge.
• The additional single contribution of £26,000 will be subject to the special annual allowance tax charge.
Pre 22 April 2009 Contributions
There are special transitional rules if you made a payment into your pension between 6th April and 22nd April 2009
Example:
B made a “one off” contribution of £30,000 on 17 April 2009.
• The Special annual allowance is reduced to nil, leaving no special annual allowance for 2009/10.
• Although her total contributions are greater than £20,000, she is not liable to the special annual tax charge on the £10,000 excess.
• However, as she has used up all her special annual allowance of £20,000, if she makes any more new pension savings in the remainder of 2009/10, the new savings will be subject to the special allowance tax charge and she will only receive tax relief at 20% on these subsequent payments.
The new pension rules are complex and specialist advice should always be sought. Please do contact Humphrey & Co for further advice.