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PENSION DEATH BENEFITS FACTS AND PLANNING 12 December 2018 Justin Corliss, Senior Business Development Manager

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Page 1: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS FACTS AND PLANNING

12 December 2018

Justin Corliss, Senior Business Development Manager

Page 2: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

By the end of this session you will be able to:

• Identify what death benefit choices are available

• Explain the taxation of death benefits

• Understand the impact of IHT on death benefits

• Describe spousal bypass trusts and how they work

LEARNING OBJECTIVES

Page 3: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

THE OPTIONS

Page 4: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

Scheme rules rule….

Schemes may not allow full flexibility Schemes are not all discretionary

HOW IT WORKS

Page 5: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS HOW IT WORKS

Original DC Pension

Death of member

Lump sum or annuity

Dependant or

nominee(s)

?

Lump sum or annuity

?

Yes

Yes

Lump sum or annuity

?

Scheme administrator will nominate

No

Yes

Death of nominee

No

Dependants or nominee ‘s FAD

No

Page 6: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS HOW IT WORKS

Original Pension

Lump sum or annuity

Death of dependant or nominee

Dependants or nominee’s FAD

Death of member

Lump sum or annuity

Successor’s FAD

Death of survivor

Lump sum or annuity

Successor’s FAD

Death of survivor

Page 7: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS WHO CAN GET WHAT

Beneficiary Options

Dependant Lump sum and/or income

Nominee Lump sum and/or income

No Dependant or

Nominee

Scheme administrator

discretion

Lump sum and/or income

Anyone else but

Dependant exits

Lump sum

Income

Page 8: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS EXPRESSION OF WISH

24/7 access to online service

Do the scheme rules allow it?

Who do you want to receive benefits?

What do you want to give?

Page 9: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

Planning Point: Make sure expression of wish forms

regularly reviewed especially if separation/divorce/remarriage

PENSION DEATH BENEFITS EXPRESSION OF WISH

Page 10: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS HOW IT WORKS

Original Pension

Scheme Administrator discretion

Death of member

Gather evidence

Direction/Binding nomination

Nominated beneficiaries receive

funds according to rules

Chosen beneficiaries offered death benefits

according to rules

Page 11: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

Planning Point: Check how scheme is set up

PENSION DEATH BENEFITS SCHEME RULES RULE

Page 12: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

TAXATION

Page 13: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS TAXATION

• Death before 75 and paid

within 2 years – no income tax but LTA test

after 2 years – income tax at recipient’s marginal rate of tax or special lump sum death benefit charge of 45% for a non-individual but no LTA test

UNCRYSTALLISED PENSION FUND

Member

1st Death

• Death after 75 - income tax at recipient’s marginal rate or

special lump sum death benefit charge of 45% for a non-individual but no LTA test

Page 14: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS TAXATION

• Death before 75 - no income tax * and no LTA test

CRYSTALLISED PENSION FUND

Member

• Death after 75 - income tax at recipient’s marginal rate or

special lump sum death benefit charge of 45% for a non-individual but no LTA test

* Lump sums from crystallised funds must meet the 2 year rule or they are taxable

Page 15: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS TAXATION - RESPONSIBILITIES

Scheme Beneficiaries HMRC PRs

Tell PRs LTA used

Issue bill to Beneficiaries

Decide on death

benefits

Notify HMRC of

excess

Page 16: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

INHERITANCE TAX

Page 17: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS TAXATION - IHT

Estate subject to IHT

Pension Pension

Estate subject to IHT

Page 18: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS TAXATION - IHT

The pension vs discretionary trust

Trust Pension

Putting money in

During

At the end

20% over NRB

Exempt Up to 6%

Normally exempt Total of 40%

Normally exempt

Page 19: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

When does IHT apply?

TAXATION - IHT

1

2

3

4

Contributions

Annuity guarantees

Estate entitled to benefit/power of disposal

Transfers

Page 20: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

Mark lives in England, is terminally ill and divorced

EXAMPLE - HOW IHT MIGHT WORK ON TRANSFER

He has 2 adult children

He transfers his DB pension to a DC scheme and dies 2 months later

The transfer of value is £1 million

Page 21: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

Before figure – this depends on the open market value (high as death was soon after transfer)

HMRC state it to be £980,000

After figure – calculated using an UFPLS

25% of £1m taxed at 0% = £250,000

Income tax of 45% of £750,000 (other taxable income of £150,000) =£337,500

Value of retained rights £1m - £337,500 = £662,500

Before figure – After figure = £980,000 - £662,500 = £317,500

EXAMPLE – HOW IHT MIGHT WORK ON TRANSFER

Loss to the estate

Page 22: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

Planning Point: Could there be an IHT impact?

What is the impact?

PENSION DEATH BENEFITS IHT

Page 23: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

SPOUSAL BYPASS TRUSTS

Page 24: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

Why might you use one?

SPOUSAL BYPASS TRUSTS

1

2

3

Control

Tax

Other reasons

Page 25: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS SBT – TAXATION POST 75

Original Pension

Pay to trust – SLSDB charge of 45% deducted

Death of member

Trust pays to beneficiary with reclaimable tax credit

Pay to individual – marginal rate deducted

Beneficiary claims tax back from HMRC

?

Page 26: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

Planning Point: Is a SBT appropriate?

PENSION DEATH BENEFITS SPOUSAL BYPASS TRUSTS

Page 27: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS TRIGGER POINTS

Type of scheme

Life events

1

2

3 IHT

Page 28: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

PENSION DEATH BENEFITS

By the end of this session you will be able to:

• Identify what death benefit choices are available

• Explain the taxation of death benefits

• Understand the impact of IHT on death benefits

• Describe spousal bypass trusts and how they work

LEARNING OUTCOMES

Page 29: PENSION DEATH BENEFITS FACTS AND PLANNING · PENSION DEATH BENEFITS TAXATION •Death before 75 and paid within 2 years – no income tax but LTA test after 2 years – income tax

THANK YOU

The Royal London Mutual Insurance Society Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. The firm is on the Financial Services Register, registration number 117672. It provides life assurance and pensions. Registered in England and Wales, company number 99064. Registered office: 55 Gracechurch Street, London, EC3V 0RL. Royal London Marketing Limited is authorised and regulated by the Financial Conduct Authority and introduces Royal London’s customers to other insurance companies. The firm is on the Financial Services Register, registration number 302391. Registered in England and Wales company number 4414137. Registered office: 55 Gracechurch Street, London, EC3V 0RL. RL Corporate Pension Services Limited, registered in England and Wales, company number 05817049. Registered office is at 55 Gracechurch Street, London EC3V 0RL. December 2018| PR P PN 0035