EIM74652 - State pension lump sum: rate of tax
Section 7(5) Finance (No2) Act 2005
See EIM74651 for details on the charge to Income Tax on a state pension lump sum.
Tax years 2006/07 and 2007/08 only
The rate of Income Tax to be used to charge any state pension lump sum is the highest (or marginal) rate that applies when charging the individual's other income to Income Tax. Section 7(5) confirms, firstly, that if the individual isn't liable to tax for the year of assessment on their other income, no tax should be deducted from any state pension lump sum. Otherwise, one of three rates of Income Tax apply, as follows -
- if the individual is liable to tax but their taxable income does not exceed the starting rate limit; the starting rate
- if the individual's taxable income is above the starting rate limit but does not exceed the basic rate limit; the basic rate
- if the individual's taxable income exceeds the basic rate limit; the higher rate.
EXAMPLE
Suppose Mrs Y aged 64 is entitled to a state pension lump in
tax year 2007-08 of £12,000. Her other income for 2007-08
consists of earnings £12,000, bank interest of £6,000 and
state pension of £3,000. Further suppose that in the tax year
2007-08 she is entitled to a basic personal allowance of
£5,225, the starting rate limit is £2,230, the basic rate
limit is £34,600 and the rates of tax are 10% (starting rate)
and 22% (basic rate).
Firstly determine what Mrs Y's income is for tax year
2007-08?
| Earnings | £12,000 | |
| State pension | £3,000 | |
| Savings income | £6,000 | |
| Less personal allowance | (£5,225) | |
| Total income less deductions | £15,775 |
Next determine the highest (or marginal) rate of tax for 2007-08. Of the £15,775 income, the first £2,230 is charged at the starting rate (10%). For the purposes of the main Income Tax charging provisions the remaining £13,545 would normally be charged, part at the basic rate (22%) (£7,545) and part at the special lower rate that applies to savings income (£6,000). Following the ordering rules in Section 16 ITA 2007 the rate applicable to the highest slice of Mrs Y's would normally be 20% (the special savings rate). But for the purposes of the state pension lump rules, the special savings and dividend rates are disregarded, so all of the remaining £13,545 is treated as income to which the basic rate (22%) applies. The highest (or marginal) rate for charging Mrs Y's state pension lump is therefore the basic rate of 22%.
Tax years 2008/09 onwards
The rate of Income Tax to be used to charge any state pension lump sum is the highest (or marginal) rate that applies when charging the individual's other income to Income Tax. Section 7(5) as amended by section 5(7) and paragraph 64 of Schedule 1 Finance Act 2008 confirms, firstly, that if the individual isn't liable to tax for the year of assessment on their other income, no tax should be deducted from any state pension lump sum. Otherwise, one of two rates of Income Tax apply, as follows -
- if the individual's taxable income is greater than nil but does not exceed the basic rate limit; the basic rate
- if the individual's taxable income exceeds the basic rate limit; the higher rate.
EXAMPLE
Suppose that Mr X is entitled to a state pension lump in tax
year 2009-10 of £15,000. His other income for 2009-10 consists
of earnings £22,000 and state pension of £3,000. Further
suppose that in the tax year 2009/10 he is entitled to a personal
allowance of £9,100, the basic rate limit is £35,000 and
the rate of tax is 20% (basic rate).
Firstly determine what Mr X's income is for tax year
2009-10?
| Earnings | £22,000 | |
| State pension | £3,000 | |
| Less personal allowance | (£9,100) | |
| Total income less deductions | £15,900 |
Next determine the highest (or marginal) rate of tax for
2009-10. As the £15,900 income does not exceed the basic rate
limit of £35,000, the appropriate rate of Income Tax is the
basic rate (20%).
The correct rate of tax to apply to Mr X's state pension
lump is therefore the basic rate of 20%
Tax deducted by DWP
During the application process for a state pension lump, the
Department for Work and Pensions (Pension Service) will ask Mr X to
self-declare his expected highest rate of Income Tax. Assuming he
declares the basic rate, then tax of 20% will be withheld at the
time the lump sum is paid to him. If Mr X had self-declared a rate
other than basic rate, further tax would be due or tax may need
repaying.
For the purpose of determining the rate of Income Tax that
applies to any state pension lump sum, the special rate that is
used to tax dividend income (the ordinary dividend rate) falling
within the basic rate band is disregarded. Similarly the upper
dividend rate is disregarded for dividend income chargeable above
the basic rate limit. So if an individual has any income chargeable
above the basic rate of Income Tax, the higher rate (40%) will
apply when charging any state pension lump to tax.
