Understanding Lifetime Allowance Changes: Impact on Death Benefits and Pensions – Budget 2023 Update

NOTE: This post is more than 12 months old, and the information contained within may no longer be accurate.

Retirement planning can often be a complex and daunting process, with numerous factors to consider and regulations to navigate. One of the key elements that many individuals historically had to take into account is the Lifetime Allowance (LTA) charge, which determines the maximum amount of pension savings a person can accumulate throughout their lifetime without facing additional tax charges. However, recent changes have brought about significant alterations to the LTA framework, ultimately simplifying retirement planning for many individuals – but not all.

On the face of it, it is positive news, that the LTA charge has now been scrapped, alleviating the burden on those concerned about exceeding the allowable limit and facing hefty tax penalties. This change comes as a relief to many who found the previous system unnecessarily complicated and restrictive. With the elimination of the LTA charge, individuals can now focus on maximising their retirement savings without worrying about breaching an arbitrary threshold.

However, it is important to note that the LTA framework still applies for the current tax year. This means that individuals should continue to assess their benefits against the LTA to ensure they remain within the allowable limits. While the LTA charge may no longer exist, it is still crucial to be aware of the implications of exceeding the lifetime allowance, as this can have significant tax consequences.

One notable change, which is not such an improvement, is in the tax treatment of pension benefits relates to death benefits. Previously, if a lump sum payment from a pension exceeded the LTA, it would be subject to a tax charge. However, under the new rules, lump sum death benefits exceeding the LTA are now taxed differently. Instead of facing a separate LTA charge, these lump sum payments are subject to income tax at the beneficiary’s highest marginal rate. This means that the tax liability on such payments will vary depending on the beneficiary’s income and tax bracket.

On the other hand, if the excess is taken as inherited drawdown, no income tax charge will apply. Inherited drawdown allows beneficiaries to take the excess as an ongoing income stream, which can help them manage their tax liabilities more effectively. By opting for inherited drawdown, beneficiaries can avoid the immediate income tax charge and potentially spread their tax liabilities over a longer period.

It is worth mentioning that beneficiaries may still face a 45% tax charge on some or all of their benefits if they are unable to take the excess as inherited drawdown or an annuity. This emphasises the importance of seeking proper advice and making appropriate nominations to ensure that the beneficiaries can avoid the income tax charge. By planning ahead and making informed decisions, individuals can protect their loved ones from unnecessary tax burdens.

Furthermore, starting from April 6, 2023, death benefits that exceed the LTA and are paid as a pension will be tax-free. This is a significant change that provides greater flexibility and financial security for beneficiaries. However, it is important to note that lump sum death benefits exceeding the LTA will still be subject to income tax at the beneficiary’s highest marginal rate. This distinction highlights the importance of carefully considering the options available and selecting the most tax-efficient approach.

For those with older style pensions, it may be beneficial to consider transferring to a modern Self-Invested Personal Pension (SIPP) contract that offers drawdown. By doing so, they can potentially avoid income tax charges on death, as drawdown provides more flexible options for managing pension benefits.

In conclusion, the recent changes to the Lifetime Allowance (LTA) framework have simplified retirement planning for many individuals. The elimination of the LTA charge is a welcome development, allowing individuals to focus on maximizing their retirement savings without the fear of breaching an arbitrary limit. However, it is still important to assess benefits against the LTA for the current tax year, and proper advice and appropriate nominations are crucial to avoiding income tax charges. By staying informed and, where appropriate, by seeking advice, individuals can navigate the new rules effectively and ensure a smoother transition into retirement.

Contact the Author

Alistair, a founding director of Wingate Financial Planning, specialises in complex client cases, particularly owner-managed businesses, pensions, and retirement planning. He is a member of the Wingate Investment Committee and a Chartered Financial Planner, Fellow of the Personal Finance Society, and member of STEP and the Chartered Institute of Taxation.

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