If the individual dies with uncrystallised benefits, these are tested against their remaining lifetime allowance. The personal representatives are then responsible for working out any chargeable amount and reporting this to HMRC. The recipient of the death benefit would then be assessed and be liable for any charge due. This is different from the process applied during the lifetime of the individual where the scheme administrator would deduct any charge and pass this to HMRC.
Ordinarily death benefits would be income tax free on death before age 75. If more than two years passes before they are paid out, then they become liable to income tax at the marginal rate of the beneficiary. If some or all of the death benefit is subject to the lifetime allowance tax charge but two years passes before the benefit is paid out, income tax will apply instead of the lifetime allowance tax charge.
The scheme administrator can only nominate a beneficiary to receive flexi-access drawdown where there’s no surviving dependant or nominated beneficiary. If there’s a surviving dependant or nominated beneficiary, the scheme administrator wouldn't be able to pay flexi-access drawdown to anyone else; only lump sums could be paid.
As the individual will be taking the discretion away from the scheme administrator/trustee, any benefits paid will normally be subject to IHT. If the benefits are left to a spouse or civil partner these will be exempt from IHT.
The information provided is based on our current understanding of the relevant legislation and regulations and may be subject to alteration as a result of changes in legislation or practice. Also it may not reflect the options available under a specific product which may not be as wide as legislations and regulations allow.
All references to taxation are based on our understanding of current taxation law and practice and may be affected by future changes in legislation and the individual circumstances of the investor.
Pensions freedoms in 2015 introduced major changes to pension death benefit options and taxation. Here we provide some technical support to help you, watch out webinar presented by Justin Corliss, Senior Business Development Manager at Royal London.
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