RE289G - Personal Pension Relief: examples for carry-back claims


The examples assume that Mr Smith is making pension contributions under a retirement annuity contract and that he is a compliant individual, making all the correct payments at the right time.


PENSION PAYMENT AND CLAIM TO CARRY BACK IS MADE BEFORE 31JULY IN LATER YEAR

FACTS

Mr Smith's 1997-98 payments on account (POA) are £5,000 each. He pays the first 1997-98 POA on 31 January 1998. On 30 April 1998, Mr Smith sends in his 1997-98 return. He includes in that return a claim to carry back pension contributions of £4,000 paid on 20 April 1998 to 1997-98. This gives rise to relief of £1,600 (£4,000 @ 40% - tax rates etc of 1997-98). The return and claim are dealt with immediately.


EXAMPLE 1A

WHAT IS THE POSITION IF THE RETURN SHOWS A 1997-98 LIABILITY OF £14,000?

The second payment on account of £5,000 will be due on 31 July 1998 and a balancing charge for 1997-98 of £4,000 will be due on 31 January 1999. Because tax for the earlier year (1997-98) remains due the relief for pension carry back will be available to set against the balancing charge due on 31 January 1999 thereby reducing the payment due from £4,000 to £2,400. The POAs for 1998-99 will be £7,000 each.


EXAMPLE 1B

WHAT IS THE POSITION IF THE RETURN SHOWS A 1997-98 LIABILITY OF £9,500?

The POAs for 1997-98 will be adjusted to £4,750 each and there will be no balancing payment. A repayment of £250 will be due from the first POA. The relief will be set off against the second POA due on 31 July 1998 thereby reducing the payment due from £4,750 to £3,150. The POAs for 1998-99 will be £4,750 each.


EXAMPLE 1C

WHAT IS THE POSITION IF THE RETURN SHOWS A 1997-98 LIABILITY OF £5,500 AND THE TAXPAYER HAD NOT MADE CLAIM TO REDUCE THE 1997-98 POAS

In this case it is likely that the relief will be due only at the basic rate so the relief will be £920 (£4,000 @ 23%). The 1997-98 POAs will be adjusted to £2,750 each and there will be no balancing payment. A repayment of £2,250 will be due from the first POA. The relief will be set against the second POA due on 31 July 1998 thereby reducing the payment due from £2,750 to £1,830. The POAs for 1998-99 will be £2,750 each.


PENSION PAYMENT AND CLAIM TO CARRY BACK IS MADE BEFORE 31JANUARY IN LATER YEAR

FACTS

The facts are as before but the pension payment and claim to carry back is made on 30 August 1998 after the return has been submitted. That is, he makes a stand - alone claim. He pays both POAs due on 31 January 1998 and 31 July 1998.


EXAMPLE 2A

WHAT IS THE POSITION IF THE RETURN SHOWS A 1997-98 LIABILITY OF £14,000?

The relief will be available to set against the balancing charge payment of £4,000 due on 31 January 1999 thereby reducing the payment due from £4,000 to £2,400. The POAs for 1998-99 will be £7,000 each.


EXAMPLE 2B

WHAT IS THE POSITION IF THE RETURN SHOWS A 1997-98 LIABILITY OF £9,500?

POAs for 1997-98 will have been adjusted to £4,750 each with corresponding repayments due. A repayment of £1,600 will also be made. The POAs for 1998-99 will be £4,750 each.


EXAMPLE 2C

WHAT IS THE POSITION IF THE RETURN SHOWS A 1997-98 LIABILITY OF £5,500 AND THE TAXPAYER HAD NOT MADE A CLAIM TO REDUCE THE 1997-98 POAS?

POAs for 1997-98 will have been adjusted to £2,750 each with the corresponding repayments due. A repayment of £920 (assuming only basic rate relief) will also be made. The POAs for 1998-99 will be £2,750 each.


PENSION PAYMENT IS MADE IN LATER YEAR AND CLAIM TO CARRY BACK IS MADE AFTER FILING DATE FOR EARLIER YEAR

FACTS

The facts are as example 1 except the pension payment and the claim to carry back are made on 15 March 1999.


EXAMPLE 3A

WHAT IS THE POSITION IF THE CLAIM IS MADE ON 15 MARCH 1999?

A repayment of £1,600 will be made.


EXAMPLE 3B

WHAT IS THE POSITION IF THE CLAIM IS NOT MADE UNTIL 8 JULY 1999?

The second payment on account for 1998-99 of £7,000 becomes due on 31 July 1999. The relief of £1,600 will be set against that payment.


EXAMPLE 3C

WHAT IS THE POSITION IF THE CLAIM IS NOT MADE UNTIL 10AUGUST 1999?

A repayment of £1,600 will be made.