EIM42780 - Salary sacrifice: contributions to a registered pension scheme: income tax effects

Sections 62 and 307 ITEPA 2003

For information on salary sacrifice generally see EIM42750 onwards.

For practical considerations on how to deal with a salary sacrifice for payments into a registered pension scheme see EIM42775.

This page tells you about the income tax effects of a salary sacrifice in return for the employer paying a sum to a registered pension scheme for the employee's benefit.

Where such a salary sacrifice is accepted as successful (see example EIM42785):

• the potential future cash remuneration sacrificed is not taxable
• the pension contribution made by the employer in return for the sacrifice will be an employer's contribution. This employer's contribution is not taxable on the employee.

Where such a salary sacrifice is not successful (see example EIM42786):

• the employee continues to be taxed under Section 62 ITEPA 2003 on the higher level of cash remuneration received prior to the ineffective salary sacrifice. The employee continues to be entitled to the higher level of cash remuneration and has merely asked the employer to apply part of that remuneration on the employee's behalf.
• the pension contribution made by the employer as part of the ineffective salary sacrifice is an employee's contribution. The employee will get full tax relief on the contribution.
• you should advise CAR Pension Schemes Services of the amount ineffectively sacrificed.