Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”

RWE

Access all documents on Lifetime allowance excess lump sum

Lifetime allowance excess lump sum meaning

What does Lifetime allowance excess lump sum mean?
A cash payment from a registered pension scheme to a member aged under 75 where, at a benefit crystallisation event, the value of benefits exceeded the member’s remaining lifetime allowance (LTA). It is a statutory authorised payment defined in Finance Act 2004, Schedule 29, paragraph 11. Key features and practice points: - Amount: limited to the excess over the member’s available LTA at the time of crystallisation, after accounting for any pension commencement lump sum. - Status: an authorised lump sum if the statutory conditions are met (including the under‑75 requirement). - Tax: before 6 April 2023 it was subject to the 55% LTA charge; from 6 April 2023 to 5 April 2024 it was taxed as income under PAYE at the member’s marginal rate. - From 6 April 2024 the LTA was abolished. This payment type cannot arise for post‑6 April 2024 crystallisations, but remains relevant for historic cases and the 2023/24 transitional year. Post‑abolition, separate lump‑sum allowances and related payments (for example, pension commencement excess lump sums) may apply. Usage and tax treatment are consistent across England and Wales, Scotland and Northern Ireland (subject to local income tax rates). The term is not used in Ireland, which operates a separate...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Lifetime allowance excess lump sum

NEWS
UK pensions law update: LTA abolition regulations, PSPS annual allowance changes, CMP winding up transfer tax powers, and TPR enforcement on DC value and trustee diversity, plus dates and trackers

In this issue: Pensions taxation The Pensions Regulator Daily and weekly news alerts Dates for your diary Trackers Pensions taxation The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024 The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024 (SI 2024/356) were laid before the House of Commons on 14 March 2024 and take effect from 6 April 2024. These regulations provide consequential, transitional and saving measures linked to abolishing the lifetime allowance charge, and set out how the pension commencement excess lump sum should operate. In particular, the regulations: amend the Finance Act 2024 regarding when pension schemes must report tax on lump sums, and clarify the rules for the pension commencement excess lump sum adjust regulations to set the available overseas transfer allowance where a member has already used some of their lifetime allowance, refine certain reporting requirements for the overseas transfer allowance, and establish transitional arrangements for those with...

Read More Right Arrow
NEWS
UK pensions update: HMRC lifetime allowance reforms (PCELS), TPR LDI data regime, 2024–25 scheme return guidance and FRC AS TM1 changes—15 February 2024

In this issue: Pensions taxation Funding Scheme governance Daily and weekly news alerts Dates for your diary Trackers Pensions taxation HMRC publishes second lifetime allowance guidance newsletter HMRC has released its Lifetime allowance guidance newsletter for February 2024 which, amongst other points, offers further clarity on pension commencement excess lump sums (PCELS), reporting obligations, and transitional tax‑free amount certificates. In Pension Schemes Newsletter 155 (January 2024), HMRC had previously raised concerns about the operation of PCELS. It has now responded to several of these, confirming that the ‘permitted maximum’ for PCELS will be removed from legislation. As a result, a lump sum will no longer be checked against a member’s remaining lump sum and death benefit allowance to decide whether it can be paid as a PCELS. HMRC also makes clear that to be eligible for a PCELS a member must have used up either their lump sum allowance or their lump sum and death benefit allowance....

Read More Right Arrow
NEWS
UK pensions weekly: lifetime allowance abolished; PALAC Regulations; Finance No. 2 Bill (CDC wind-up transfers); authorised surplus payments charge cut to 25%; collective money purchase scheme amendments

In this issue: Pensions taxation Funding, surplus and investment Types of workplace pension schemes Daily and weekly news alerts Dates for your diary Trackers Pensions taxation Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024 published Laid before Parliament on 14 March 2024, the Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024, SI 2024/356 (PALAC Regulations), will, among other changes: amend the Finance Act 2024 on when schemes must report tax due on paid lump sums; clarify how the pension commencement excess lump sum operates; set the amount of overseas transfer allowance available where a member has already used part of their lifetime allowance; and introduce a statutory override for schemes. The PALAC Regulations take effect on 6 April 2024 and extend and apply to the UK. Up to 5 April 2024, a principal constraint on the build-up of members’ benefits under the pensions tax rules is...

Read More Right Arrow

View the related Practice Notes about Lifetime allowance excess lump sum

PRACTICE NOTES
UK pensions taxation: lawyers' guide to registered and unregistered schemes, covering contributions, allowances (2024 reforms), investment taxation, employer relief, VAT, benefits and death benefits, unauthorised payments, refunds and GMP equalisation.

Broadly speaking, tax applies to UK registered pension schemes in three different areas: the tax treatment of member and employer contributions, including any repayment of member contributions the tax treatment of assets held by the scheme, including the investment returns generated by those assets the tax treatment of benefits paid out by the scheme Where an individual participates in more than one registered scheme, the contributions paid to—and the benefits received from—each arrangement are combined and considered together when establishing that person’s overall tax liability. This Practice Note concerns registered private sector pension schemes. Public sector pension schemes are predominantly governed by separate legislation. Their tax position is broadly similar, though not invariably the same, as that which applies to registered private pension schemes...

Read More Right Arrow
PRACTICE NOTES
Pension commencement lump sums in UK registered schemes: HMRC conditions, permitted maximum, new 2024 lump sum allowances, DB/DC calculations, commutation factors, protections, common issues and reporting

Pension commencement lump sum (PCLS) When a member of a pension scheme becomes eligible to take their benefits, they can usually withdraw part of it as a tax-free lump sum, which HMRC terms a ‘pension commencement lump sum’ (PCLS). Opting for a lump sum is generally the member’s choice, and they must elect how much to take; however, the scheme rules should be consulted for any procedural or other requirements. Under current legislation, a PCLS is tax free, making it a popular option. Because of its tax-free nature, HMRC sets strict conditions for a lump sum to qualify. This Practice Note first examines HMRC’s general conditions and then the special conditions that apply in particular cases. Defined contribution (DC) schemes: a portion of the member’s pension pot is paid directly to the member in cash. Defined benefit (DB) schemes: the position is more involved, as a value must be placed on the pension given up to provide the lump sum. Scheme rules rarely fix this...

Read More Right Arrow
PRACTICE NOTES
UK pensions tax: lifetime allowance regime pre-6 April 2024 - BCEs, charges, protections, excess lump sums, pension credits on divorce, international enhancements and reporting (Archived)

ARCHIVED This archived Practice Note outlines how the lifetime allowance regime worked before its abolition on 6 April 2024. It is not maintained. For further details, see Practice Note: Abolition of the lifetime allowance. The core principle of the pensions tax regime is that members of registered pension schemes receive: various tax advantages while building up retirement and life assurance benefits; and certain tax advantages when specific benefits are paid from a registered pension scheme (eg the tax-free pension commencement lump sum) In return, and to avoid tax charges, a registered pension scheme must comply with a range of restrictions relating to the: accrual of benefits payment of contributions; and payment of benefits Until 5 April 2024, a key constraint on the build-up of members’ benefits within the pensions tax regime was the lifetime allowance, which limited the amount of benefits that could be saved and taken by, and in respect of, an...

Read More Right Arrow