Section 5 - LSA & DBLSA Flashcards

1
Q

What is the Lump sum annual allowance

A

LSA was introduced due to the abolition of the Lump sum allowance

Standard lump sum is £268,275 (25% of the old LTA £1,073,100), as calculated at 6th April 2024

Capital taken out over the LTA is taxed at the persons income rate

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2
Q

If someone has enhanced protection then what is their LSA limited

A

If enhanced protection held then starting amount is £375,000

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3
Q

If someone holds primary protection what is their LSA

A

• If primary protection (PP) held then the amount is £375,000
• If primary protection held with lump sum protection, then the amount is dependent on the amount stated on the certificate

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4
Q

If someone holds fixed protection then what is their LSA

A

If Fixed Protection 2012 held then LSA is £450,000

If Fixed Protection 2014 held then LSA is £375,000

IF Fixed Protection 2016 held then LSA is £312,000

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5
Q

If someone holds individual protection 2014 or 2016 then what is their LSA

A

If Individual Protection 2014 or Individual Protection 2016 held then LSA is 25% of protected LTA

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6
Q

what are the consequences of someone taking the benefit of their pension before their normal minimum retirement date

A

LSA reduced by 2.5% per year where benefit taken below normal minimum pension age

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7
Q

What is the Lump Sum Death Benefits Allowance

A

It’s the amount tax free given to the beneficiary’s from their remaining pension if someone were to die.

It’s up to the old LTA of £1,073,100

• On death pre-75 payments are tested against the LSDBA.
• Benefits within the LSDBA tax-free, excess taxed as the recipient’s income
• Post-75, no LSDBA test applied, but taxed totally as income
• Does not apply to income-based benefits which are tax-free on death pre-75 without limit
• And taxed as income post-75.

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8
Q

What is the Lump Sum Death Benefits Allowance

A

It’s the amount tax free given to the beneficiary’s from their remaining pension if someone were to die.

It’s up to the old LTA of £1,073,100

• On death pre-75 payments are tested against the LSDBA.
• Benefits within the LSDBA tax-free, excess taxed as the recipient’s income
• Post-75, no LSDBA test applied, but taxed totally as income
• Does not apply to income-based benefits which are tax-free on death pre-75 without limit
• And taxed as income post-75.

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9
Q

What are Relevant Benefit Crystallisation events

A

Any event tested against the LSA and/or LSDBA is known as a relevant benefit crystallisation event (RBCE).

• Where multiple relevant lump sums paid on the same day, the member may decide the deemed order of payment
• Where multiple relevant lump sum death benefits paid on the same day, the member’s personal representatives may decide the deemed order of payment

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10
Q

Name the Relevant Benefit Crystallisation events

A

Tested against LSA

• Pension commencement lump sum (PCLS)
• Stand-alone lump sum (SALS)
• Uncrystallised funds pension lump sum (UFPLS)
• Serious ill health lump sum (SIHLS)

Tested against LSDBA

• Defined benefits lump sum death benefit
• Uncrystallised funds lump sum death benefit
• Annuity protection lump sum death benefit
• Pension protection lump sum death benefit
• Drawdown/flexi-access drawdown lump sum death benefit
• Dependents/nominees/successors flexi-access drawdown lump sum death benefit

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11
Q

Name the non Relevant Benefit Crystallisation events

A

Tested against LSA

• Small pots payments
• Trivial commutation lump sums
• Winding up lump sums

Tested against LSDBA

• Charity lump sum death benefit
• Trivial commutation lump sum death benefit
• Lump sum payments made on death after reaching age 75
• Lump sum payments made prior to reaching age 75 which are not paid within two years of the administrator becoming aware (or the date they ought reasonably to have become aware) of the member’s death
• Lump sum benefits from funds which crystallised prior to 6 April 2024

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12
Q

What are the three methods of calculations LSA

A

Standard transitional calculation

Transitional tax free amount basis

Pre-commencement pensions basis

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13
Q

The standard transitional calculation

A

calculation is:

£268,275 - (25% x previously used% of lifetime allowance on 5 April 2024 x
£1,073,100)

Where lifetime allowance protection is held then the relevant protected amounts are substituted into the equation.

• Calculation is based on % of LTA previously used
• Not based on actual amount taken
• This assumes 25% tax-free cash taken at each prior BCE
• This may not have actually been the case

Example:
Where the member had previously used 50% of their lifetime allowance, assuming no protection, then the calculation would be:
2
£268,275 - (25% x 50% x £1,073,100)
= £268,275 - £134,137.50
= £134,137.50

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14
Q

Transitional tax-free amount basis

A

• Can be applied for where 25% tax-free cash has not been taken at a prior BCE
• Certificate issued known as transitional tax-free amount certificate (TTFAC)
• Ensures members are not unfairly disadvantaged by being assumed to have taken tax-free cash when they haven’t
• Must be applied for before first post-5 April 2024 RBCE
• Provides protection for members who have taken less than 25% of LTA before 6 April 2024
• Calculation based on actual tax-free cash amounts previously paid
• Calculation known as transitional tax-free amount basis
• Can apply to any provider with which member has had benefits
• However, evidence of total benefits taken may be required
• Irrevocable once issued

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15
Q

In what circumstances would a client benefit from the Transitional tax-free amount basis

A

• No PCLS due to poor commutation rate
• PCLS restricted by GMP element
• DB scheme with defined PCLS rates e.g. 3/80ths
• DC scheme taken with no PCLS e.g. good GAR
• Used 100% of LTA (assumed to have no LSA or LSDBA left)
• Taken benefits under previous lower LTA
• Reached 75 and had a deemed BCE with no tax-free cash actually taken
• DB scheme increases over prescribed limits (previous BCE3)
• Client crystallised a disqualifying pension credit
• Transfer to a QROPS prior to 6 April 2024
• Serious ill-health lump sum taken

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16
Q

In what circumstances would a client NOT benefit from the Transitional tax-free amount basis

A

• May be disadvantaged if benefits taken under higher LTA
• As these would be deemed to have been taken at absolute value
• Also if protected tax-free cash taken
• Unlikely to be of benefit if not benefits taken pre-6 April 2024
• Care must be taken to ascertain the correct position as TTFAC irrevocable once issued

17
Q

Pre-commencement pensions basis

A

• Applies where the member took benefits prior to 6 April 2006
• And member did not have a BCE between 6 April 2006 and 5 April 2024
• Valued based on income payable at the date of the first RCE
• Not eligible to apply for TTFAC
• Scheme pensions and annuities valued at 25 x income at first BCE
• Capped drawdown based on 25 x GAD maximum income at first RBCE
• Or 25% of max GAD at the date of conversion to FAD.
• More complex rules apply to flexible/flexi-access drawdown
• Tax-free lump sum assumed as 25% of this amount
• Not based on actual tax-free cash amounts previously taken

Note: Where a pre-commencement pension was held and the member had a BCE post 6 April 2006, then this would have been valued in the same way. The amount of LTA used would have been based on the income at that point, which is what would be considered for the purposes of the standard transitional calculation. Again, the actual lump sums used or amounts paid were not of relevance.

The same treatment also applies when valuing previously paid benefit crystallisations against the LSDBA.

18
Q

What are the Benefits crystallisation events as at post 6 April 2024

A

• Deductions made from LSA at each RCE
• PCLS = the amount of the PCLS paid
• UFPLS = the non-taxable amount paid
• SALS = 25% of the lump sum paid

19
Q

What is the overseas transfer allowance

A

• Limit on lifetime transfers that can be paid free of tax to a QROPS
• Introduced from 6 April 2024
• Equal to LSDBA
• £1,073,100 unless the member has TP
• Excess subject to 25% tax charge
• QROPS transfers not deducted from LSA or LSDBA