In the
Emergency Budget, the government announced that the requirement to purchase an
annuity by age 75 was to be removed from April 2011. Transitional rules have
been implemented to allow those individuals who reached age 75 on or after 22nd
June 2010 to effectively remain in Unsecured Pension (USP) up to age 77 years
old.
Today we
see the consultation paper covering the new tax rules that will need to be
introduced aimed at inviting feedback from the industry. The consultation
period will end on the 10th September 2010. Legislation can then be
drafted for the 2011 Budget. The new rules would then form part of the Finance
Bill 2011.
Key points:
- Alternatively
secured pension (ASP) will cease when these new rules come into force.
- Unused
funds on death post age 75 years will be taxed at 55%. Alternatively,
dependents pensions can be paid and will be subject to income tax as usual.
Death benefits before age 75 will remain unchanged.
- Inheritance
tax (IHT) will not apply to unused pension funds on death post age 75 years. This
will be monitored to prevent abuse e.g. IHT avoidance
- The
age 75 limit will be removed for the purposes of Value Protected Lump Sums,
Trivial Commutation Lump Sums and Pension Commencement Lump Sums (or Tax Free
Cash).
- Unsecured
Pension (USP) will be available in two forms – a capped USP subject to maximum
income limits per annum or a flexible USP with no cap. Flexible USP will only
be available to individuals who can prove that they will not exhaust their
pension savings prematurely and have to rely on the state. There is a proposed
Minimum Income Requirement (MIR) test for flexible USP.
- The
age 75 conditions in relation to the Lifetime Allowance test or the latest age
at which tax relieved pension contributions can be made will remain unchanged.
To see the
full consultation document click on the link below:
http://www.hm-treasury.gov.uk/d/consult_age_75_annuity.pdf