RPSM09104810 - Technical Pages: Member benefits: Lump sums: Refund of excess contributions lump sum

A refund of excess contributions lump sum

[Para 6, Sch 29][s188(2)][s190]

Where a member has paid relievable pension contributions in a tax year of more than the maximum amount that can receive tax relief the legislation allows the amount of contributions that cannot receive tax relief (the excess) to be repaid to the member.

RPSM05101130 outlines what the legislation means by relievable pension contributions. This covers any contribution paid by (or on behalf of) the member before the age of 75 (other than employer contributions, or any amount paid as rebates or minimum payments by HMRC relating to contracting-out).

The relievable pension contributions made in a tax year are tax relievable (whether through the net pay arrangement or through relief at source) provided they do not exceed the individual’s relevant UK earnings (or, if lower and using the relief at source provisions, £3,600). RPSM05101120 explains what the annual limit on tax relief on member contributions is.

Where relievable pension contributions are paid that exceed the relievable amount, the excess can be refunded. The legislation refers to this as the ‘excess contributions condition’. If this condition is met, the excess contributions can be paid to the member as a refund of excess contributions lump sum.

The payment of a refund of excess contributions lump sum must be made before the end of the period of six years following the end of the tax year in which the ‘excess contributions condition’ was met, i.e. the tax year in which the excess contribution was paid.

This is the only authorised member lump sum that can be paid after the member has reached age 75

RPSM09104820 gives details of the amount that can be paid and an example of a payment of a refund of excess contributions lump sum.

Glossary ( RPSM20000000)