Small lump sums

What does relevant accretion mean?

You will probably be asking yourself 'what does relevant accretion mean?' This typical piece of HMRC-speak refers to unexpected additional benefits that have arisen because of a belated payment received by a scheme or where an individual’s rights are found to be greater than was first thought.

Relevant accretions could be:

• Instances where the value of the individual’s benefits was more than the value the scheme administrator thought they had.
• A benefit the scheme administrator become aware of that they couldn't reasonably have expected to be aware of before.

The conditions that must apply before additional benefits can be paid out as a lump sum are:

• The payment can only happen if the additional benefits occur after a recognised transfer to a UK registered pension scheme or qualifying recognised overseas pension scheme or purchase by the scheme of a scheme pension or lifetime annuity from an insurance company.
• The payment extinguishes the individual’s rights under the scheme (a scheme pension or lifetime annuity bought as above doesn't count as remaining rights).
• The payment mustn't exceed the lower of the value of the additional benefits and £10,000.
• The payment must be made within six months of additional benefits being paid to the scheme.

Stranded pots

Formally known as the de minimis rule for pension schemes, these provisions used to only apply to occupational schemes and public service schemes but were extended to all registered pension schemes on 6 April 2012.

Occupational schemes and public service schemes

A lump sum extinguishes an individual's rights under an occupational scheme or public service scheme can be made if:

• The individual is aged at least 55 or is entitled to take their benefits before age 55 because they either have a protected pension age or meet the ill-health condition. There is no maximum age.
• The individual isn't a controlling director or connected to a controlling director.
• The payment doesn't exceed £10,000.
• No recognised transfer had been made from this or any related scheme in the previous three years.
• The payment extinguishes the individual's entitlement to benefits under the scheme, however since 6 April 2015 an annuity in payment may continue provided the individual has not previously taken a stranded pot from the scheme.
• The value of the individual's rights under this and any related scheme doesn't exceed £10,000*.

* If the scheme is a larger pension scheme, there is no need to include rights under a related scheme. A larger pension scheme is one that has at least 50 members and meets various other conditions.

Non-occupational schemes

The conditions are as follows:

• The payment is made to an individual who is aged at least 55 or is entitled to take their benefits before age 55 because they either have a protected pension age or meet the ill-health condition. There is no maximum age.
• The payment does not exceed £10,000.
• The payment extinguishes the individual's entitlement to benefits under the arrangement, however since 6 April 2015 an annuity in payment may continue provided the individual has not previously taken a stranded pot from the scheme.
• The individual has not previously received more than two payments under these regulations, as only three payments can be made.

The conditions are pretty clear but the second last one needs a little more comment.

'The payment extinguishes the individual's entitlement to benefits under the arrangement'. This is important as the rules apply to arrangements and not to schemes. So, it would be possible to pay out three small pots held in a provider's personal pension scheme as they are separate arrangements.

A payment made under these rules is not actually a trivial commutation lump sum, but it is treated as a trivial payment for taxation purposes. This means if the payment is made from uncrystallised money, 25% will be tax-free and the rest chargeable to income tax as pension income.

The payment of a small lump sum is not a relevant benefit crystallisation event and as such the funds are not tested against the lump sum allowance or lump sum and death benefit allowance.

Lump sum after the payment of a scheme specific lump sum

The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2009 extended the normal trivial commutation provisions. If tax-free cash which had scheme specific protection is paid, the connected pension can be paid as a lump sum if its value is not more than £10,000.

The conditions which apply are:

• The lump sum must be no more than £10,000.
• The individual is aged at least 55 or is entitled to take their benefits before age 55 because they either have a protected pension age or meet the ill-health condition, but there is no maximum age.
• All or some of the individual's lump sum allowance or lump sum and death benefit allowance must be available.
• Except for any pension the individual was entitled to on or before 5 April 2006, the payment must extinguish the individual's rights in the scheme.
• The lump sum must be paid in connection with tax-free cash with scheme specific protection.
• The lump sum must be paid within one month of the tax-free cash being paid to the individual.
• Since the tax-free cash was paid, no contributions have been paid, transfer payment received or made, or an annuity or scheme pension bought by the scheme in respect of the individual.

HMRC Pensions Tax Manual: PTM063130: Member benefits: lump sums: Payment of a scheme-specific protected pension commencement lump sum with a trivial lump sum

How are the benefits valued for small lump sums?

The following table sets out how the benefits should be valued:

How are small lump sum payments taxed?

If the lump sum is being paid from uncrystallised funds the individual can receive up to 25% of the lump sum tax-free. The rest is payable at their marginal rate of income tax. This means if, say they currently pay tax at the 20% basic rate tax, 75% of the lump sum will be subject to this tax. It is important to be aware that taking lump sums from the pension in this way could push them into a higher income tax bracket, which could mean that they need to pay more tax than they originally thought.

If the lump sum is being paid from crystallised funds the entire payment is taxed at their marginal rate of income tax.

The provider or scheme trustee is required to apply tax at the basic rate regardless of the amount of tax the individual is actually liable for. This means the amount of tax the provider or scheme trustee deducts may be greater or less than the amount which should apply to the individual. If they think they have paid too much or not enough tax, then they will need to discuss this with HMRC.

If the lump sum is being paid from uncrystallised money and they would have been entitled to more than 25% of their benefits value as tax-free cash at retirement, the amount they can take tax-free on payment of the lump sum will still only be 25%. The enhanced entitlement to tax-free cash will be lost. However, as detailed in Lump sum after the payment of a scheme specific lump sum section above, it may be possible to take the enhanced tax-free cash sum first then pay the remainder as a small lump sum.

How can an individual get their overpaid tax back?

Under PAYE where income tax has been overpaid it will normally be recovered through an adjustment to the tax code for future income payments.

In the case of a pension, HMRC will issue a revised tax code for the provider to apply to future payments.

However, where an individual is taking their pension fund as a lump sum, it is possible they may not have any ongoing income against which the additional tax can be offset. In this case the individual has two options:

1. They can wait until the end of the tax year. A tax refund will be created as a result of the information submitted in their tax return.
2. They can reclaim the overpaid tax from HMRC during the tax year using form P53.

Does a small lump sum payment trigger the money purchase annual allowance (MPAA)?

The payment of a small lump sum is not a relevant benefit crystallisation event nor does it trigger the money purchase annual allowance.