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More Guidance on the Restriction of Tax Relief

10 December 2009

In this year's Budget and Pre-Budget Report there were changes made to pensions tax relief for high income individuals.

The Government's intention is to deliver a system of pension tax relief that is fair and affordable. The recent introduction of the additional rate of income tax at 50 per cent applying to individuals on incomes of £150,000 and over would have exacerbated this, as traditionally relief is given at the highest rate available.

In order to address this situation the Government announced in the April Budget that from April 2011 tax relief on pension contributions would be restricted for those with incomes of £150,000 and over. This restriction is to apply to all contributions including those from employers.

To provide certainty for individuals around whether they are affected, and also to reduce administrative burdens for schemes, the Government is introducing a floor at £130,000 of pre-tax income (including an individual's own pension contributions, and charitable donations). Only individuals with incomes at or above this level will need to establish the value of the pension benefit funded by their employers.

A taper will apply for those on gross incomes between £150,000 and £180,000, gradually reducing tax relief on pension contributions until it is restricted to the basic rate, i.e. 20 per cent.

Two further guidance notes have been published on this subject:

PBR Note 18 - Pensions: Restricting Tax Relief for High-Income Individuals (Anti-Forestalling)

PBR Note 19 - Pensions: Changes to Tax Rates for Special Charges and the Special Annual Allowance Charge

A copy of these notes can be found here on the HMRC webpage:

http://www.hmrc.gov.uk/pbr2009/notes-pdf.htm

The Government has also launched a formal consultation on the implementation of the restriction and welcomes responses from interested stakeholders. The consultation, "Implementing the restriction of pensions tax relief", will run for 12 weeks until 3rd March 2010. More details can be found on the HM Treasury webpage here:

http://www.hm-treasury.gov.uk/prebud_pbr09_consult_pensions.htm

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