Tax

Don’t Ignore Labour’s Stealth Tax On Your Pension

Most retirees would rather spend their pension savings than give them to the taxman after Chancellor Rachel Reeves tinkered with longstanding tax rules.

Financial advisers report that a pension withdrawal bonanza is underway since Reeves changed the rules in her Autumn Budget.

The rush was triggered by her decision to abolish the current IHT exemption starting from April 2027, which has excluded unspent pension savings from inheritance tax.

The new rules will put families and loved ones who inherit pension cash at a disadvantage, and are likely one of the measures Reeves has announced that will raise the most tax.

How The New IHT Rules Work

Whether someone inheriting pension cash pays tax now depends on three factors:

  • The type of pension
  • The saver’s age when they died
  • The type of payment received
PaymentPotSaver’s age at deathExpected tax
Most lump sumsDefined contribution or defined benefitUnder 75Tax-free unless the lump sum is above the pension pot owner’s lump sum and death benefit allowance
Most lump sumsDefined contribution or defined benefit75 or overIncome Tax deducted by provider
Trivial commutation lump sums, ie pots of less than £30,000Defined contribution or defined benefitAny ageIncome Tax deducted by provider
Annuity or money from a new drawdown fund (set up or converted and first accessed from April 6, 2015)Defined contributionUnder 75No tax
Money from an old drawdown fund (a ‘capped’ fund or a fund first accessed before April 6, 2015)Defined contributionUnder 75Income Tax deducted by provider
Annuity or money from a drawdown fundDefined contribution75 or overIncome Tax deducted by provider
Pension provided by the schemeDefined contribution or defined benefitAny ageIncome Tax deducted by provider

Source: HMRC

Defined contribution pensions derive their value from the size of the fund. They include expat offshore pensions, such as those in the Qualifying Recognised Offshore Pension Scheme (QROPS) and self-invested personal pensions (SIPPs).

Defined benefit pensions are typically based on length of service with an employer and the saver’s final salary on retirement.

Pension death benefits paid to a UK-domiciled spouse or civil partner will remain exempt from IHT. Otherwise, pension death benefits will be included for IHT.

The implication for beneficiaries inheriting pension death benefits is that the money is liable to both IHT and income tax. For pension savers aged 75 or older, this could mean that a beneficiary pays up to 67 per cent tax on a pension inheritance.

Save Tax By GIfting Before You Die

The tax change has thrown financial advice into reverse – instead of protecting pension savings, consider:

Spend more in retirement

Spending reduces net worth and IHT in a single stroke

Take out an equity release mortgage

Taking out an equity release mortgage gives more money to spend now, while the debt reduces the value of an estate pro rata.

Gift pension cash sooner

If the pension saver gifts cash, taper relief reduces IHT if the gift was made between three and seven years before death.

Years between gift and deathRate of tax on the gift
3 to 4 years32%
4 to 5 years24%
5 to 6 years16%
6 to 7 years8%
7 or more0%

Source: HMRC

Buy life insurance

Cover the IHT bill on death with a life insurance policy that covers the potential cost. If the policy is in trust, the cash remains outside the estate for IHT purposes.

Ongoing IHT allowances

IHT is a complicated tax which comes with many reliefs and allowances. Many are available each financial year., such as a £3,000 yearly gift, as well as multiple gifts of up to £250 to whomever you choose, and wedding gifts, including up to £5,000 to a child, up to £2,500 to a grandchild, or £1,000 to another relative or loved one.

Bear in mind that cash gifts must come from income without impacting the donor’s standard of living.

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