What is the tax difference between an ISA and a pension?
Pensions are sometimes known as being EET (exempt, exempt, taxed) while ISAs are TEE (taxed, exempt, exempt).
This is a very simplistic way to summarise the tax situation and it's slightly more complicated than that.
ISA
Are ISAs subject to income tax?
The money invested in an ISA will usually already have been taxed (as they will probably come from someone’s taxable earnings). The individual doesn’t have to declare income or gains in an ISA on their tax returns and funds can be taken from the ISA tax free (although there will be a withdrawal charge of 25% if the individual takes a withdrawal from a lifetime ISA and they are not buying their first home, are under age 60 or they are not terminally ill).
Are ISAs subject to inheritance tax?
Money held in an ISA forms part of the deceased person’s estate on death. If the money from the ISA is inherited by their spouse/civil partner no inheritance tax will be payable as it’s covered by the spousal inheritance tax exemption. However, it will form part of the spouse/civil partner’s estate on their death if any of the ISA money remains.
If the ISA money is passed to anyone other than the spouse/civil partner, such as an adult child, it will be included in the value of the estate and may be liable for inheritance tax. If the value of the estate is more than the inheritance tax nil rate band of £325,000, tax of 40% may be payable on any excess.
Pension
Are pensions subject to income tax?
Tax relief on contributions made by the individual (or a third party who is not their employer) can be received up to 100% of their relevant UK earnings (or £3,600, if greater). Employer contributions can receive corporation tax relief subject to the wholly and exclusive for the purpose of the trade rules. See our article: Company and employer contributions and tax relief.
All pension contributions (and pension benefits built up in a defined benefit scheme) in a tax year count towards the annual allowance. This is currently £60,000. If contributions go over this, the individual will be subject to the annual allowance charge.
Their annual allowance may be lower if they are a higher earner (see Tapered Annual Allowance) or they have triggered the Money Purchase Annual Allowance.
When benefits are taken from the pension, generally 25% will be tax free. However, any tax-free lump sums will be measured against the Lump Sum Allowance (and Lump Sum and Death Benefit Allowance) and benefits above the Lump Sum Allowance will be subject to income tax at the individual’s marginal rate.
Investments by registered pension schemes are generally exempt from income or capital gains tax. HMRCs Pensions tax manual: PTM121000 - Investments: essential principles has more information on this.
Are pensions subject to inheritance tax?*
Pension funds are normally inheritance tax exempt on death if the scheme is written under trust (and most are) and the trustee/administrator has discretion on who to pay the benefits to. Certain plans can be subject to inheritance tax unless placed under trust, as these are paid directly to the estate or a named person, but if paid to the spouse/civil partner no inheritance tax will be payable as it’s covered by the spousal inheritance tax exemption. The following types of plans could be subject to inheritance tax:
- Section 32 (buy-out plans)
- retirement annuity contracts (Section 226)
However, if the tax-free cash and other withdrawals have already been taken from a pension, they may be in the estate on death, and be subject to inheritance tax.
If on death, the benefits are held in a beneficiary/nominee drawdown plan, the benefits remain outside the beneficiaries/nominee’s estate.
Beneficiaries who continue with drawdown can nominate someone to receive the funds following their death, allowing the funds to pass through the generations while still being in the pensions tax wrapper and therefore outside the survivor’s estate for inheritance tax.
Individuals in poor health could be subject to inheritance tax if they transfer their benefits to a new plan or they contribute to a pension, and they die within two years. More information can be found in our case study in our Pension death benefits article.
Third party contributions to a pension can be used to reduce inheritance tax by reducing the value of the estate before death. The contributions are classed as gifts for inheritance tax, and the usual exemptions apply, so £3,000 can be paid as an exempt gift. If it can be shown regular contributions can be paid out of income without affecting the standard of living, they will be exempt.
If none of the exemptions apply and the individual survives for at least seven years after making a contribution, that contribution will be inheritance tax free as this is gift will be a potentially exempt transfer.
*From April 2027, it is the government’s intention to bring unused pension funds and death benefits within the value of an individual’s estate for inheritance tax purposes.