Retirement Annuities - questions and answers

The following questions and answers give some general information about retirement annuities and the changes which have been made from April 2007:

Q1 What are retirement annuities and retirement annuity contracts?

A. Retirement annuities are paid out of retirement annuity contracts (RACs). No new RACs could be taken out after 1988, but contracts started before that date can continue until the person retires. They were mainly taken out by the self employed and company directors.

Q2 How were they taxed up to 5 April 2007?

A. Retirement annuities were taxed at basic rate of 22 per cent by the annuity providers paying them. This applied until 5 April 2007. But annuitants could receive their annuity in full if they signed a form R89 confirming that they did not have enough income to pay tax on. These forms were obtained from and returned to the company paying the annuity. They still apply to Purchased Life Annuities.

Q3 Can I still complete form R89?

A. Yes, but only if you are receiving a Purchased Life Annuity. Forms R89 can be obtained from the company paying your annuity. You should send it back to that company after you have filled it in.

Q4 What changes happened on 6 April 2007?

A. From 6 April 2007, all retirement annuities, except Purchased Life Annuities, have been taxed under Pay As You Earn (PAYE) just like any other personal or works pension.

Q5 Why were the changes made?

A. Some people are only liable to pay tax on part of their annuity. By taxing annuities under PAYE, only the right amount of tax will be taken off. There will be no need for annuitants to make annual repayment claims because too much tax has been taken off.

Q6 Why have I received a letter and form to fill in from HMRC?

A. HMRC has to set up a new PAYE tax record for every annuitant. Where we have not been able to find an existing tax record for you, we sent a letter to you with a form to fill in. The completed form helps HMRC work out what your PAYE tax code number will be. We will also be able to let you know if you have been paying too much tax.

Q7 I already have a tax reference number. Why do I have to tell the Tax Office?

A. You might receive a letter because we cannot find your tax record. This might be because the information provided by the company paying your annuity is slightly different from the details held by us. For example, your address may have changed. Just let us know the details we have requested so that we can find your records.

Q8 Can I get a repayment if I have paid too much tax on my annuity?

A. Yes. You can claim a repaymentof tax for up to six tax years. (A tax year runs from 6 April to the following 5 April.) This means, for example, that if you make a claim before 31 January 2008, you will be entitled to be repaid back to April 2001. If you make a claim on 1 February 2008, you will miss out on any repayment due to you up to April 2001. If you telephone the helpline on 0845 366 7868, we will be able to help you with your claim.

Q9 Will I have to pay any back tax if I have not paid enough up to 5 April 2007?

A.. It is possible that if you completed a form R89 when you first started getting your annuity, your circumstances may have changed and you should have paid some tax. We will not ask you to pay any tax which you should have paid for all tax years up to 5 April 2007, unless we have evidence that you have deliberately avoided paying the tax. If you want reassurance about this, call our helpline on 0845 366 7868.

Q10 Will I have to start paying tax on my annuity?

A. From 6 April 2007, every annuitant should pay the right amount of any tax, if any is due, on their total income. This will apply to everyone who had an annuity in payment at that date or started to get one since then. You will only have to pay tax if the amount of your income means that you have to pay income in the tax year.

Q11 I have never had to pay tax before and never had anything from the Tax Office. Will I start getting forms to fill in every year?

A. No, you will not get a form every year unless your financial affairs are particularly complicated or you have a lot of income. Once we have worked out your tax code number for the first time, you will only get a form every few years to make sure you are still on the right code number. But if your circumstances change, you must let your tax office know as soon as possible so that any changes can be made. If you do not tell us about any changes to your circumstances, you may start paying the wrong amount of tax.

Q12 Where can I get help?

A. For help with RACs, you can telephone us on our helpline on 0845 366 7868, or write to:

HMRC
RACS
Leicester and Northants LPO
Saxon House
1 Causeway Lane
Leicester
LE1 4AE

Q13 I have got more than one annuity. Will I have to pay tax on each one?

A. You will get separate tax code numbers if your annuities are with different annuity providers. If you have more than one annuity with the same provider you might just get one code number which will be used against all annuities, or you might get separate code numbers for each one. This depends on how the company’s payroll system is set up. Either way, you should be paying the right amount of tax.

Q14 I live abroad for some of the time. How does this affect my tax position?

A. There are different tax situations depending on where you live and how long you are out of the UK. If you want to know where you stand, write a letter setting out your personal circumstances and send it to the HMRC office which sent your code number or other communication about your annuity.

Q15 Where can I find out what my National Insurance number is?

A. This will be on your pension or benefit book or card, or on any letter from Department of Work and Pensions. It might also be on any old wages slips or tax forms.

Q16 What happens if cannot find it or if I do not have a National Insurance number?

A. Do not worry. Not everyone has a National Insurance number. We will be able to check with the Department of Work and Pensions to see if you have one and, if you do not, whether you need one.

Q17 I am still paying contributions into my Retirement Annuity Contract. Will the pension simplification changes made in April 2006 affect me?

A. The new pension simplification rules may benefit you. Call the HMRC Pensions Helpline for more information on 0115 974 1600 or 0115 974 1777 (9.00 am to 5.00 pm Monday to Friday).

Q18 My retirement annuity is quite small. Can I cash it in for a lump sum payment?

A. You might be able to do this. It is called trivial commutation .You should contact the company paying your annuity or phone the HMRC pensions helpline on 0115 974 1600 or 0115 974 1777 (9.00 am to 5.00 pm Monday to Friday).