Uncrystallised funds pension lump sum
These FAQs are for financial advisers only. They mustn’t be distributed to, or relied on by, customers. They are based on our understanding of legislation at the date of publicationTue Apr 25 15:57:00 BST 2017 Back to results
It is an authorised payment called an ‘uncrystallised funds pension lump sum’ (UFPLS). An UFPLS can be paid from uncrystallised money purchase funds as a lump sum – there is a 25% tax-free element and the balance is taxed at the member’s marginal rate of tax.
Members (if their scheme allows) can take their entire money purchase pot as an UFPLS in one go, or take a series of smaller UFPLSs, each of which will have a 25% tax-free element.
Conditions for payment
To be an UFPLS:
- The lump sum must be paid on or after 6 April 2015 from uncrystallised funds in a money purchase arrangement.
- The member must have at least some of their lifetime allowance available, and if the UFPLS is paid before reaching age 75 the full amount of the payment must be covered.
- The member must be at least age 55 (or at least reached their protected pension age, if they have one under the arrangement) or meet the conditions to take benefits early under the ill-health rules.
A member can’t have an UFPLS:
- If they have enhanced protection (with or without dormant primary protection) or primary protection together with registered tax free cash of more than £375,000, immediately before the lump sum is paid.
- From an arrangement that contains a disqualifying pension credit (that is a pension credit on divorce that originates from previously crystallised funds).
- If the member has a lifetime allowance enhancement factor on their pension benefits and the available lump sum would be less than 25% of the proposed amount of the UFPLS. A member can have an enhancement factor if they have primary protection or, for example, where funds originated from a pension share on divorce, from funds built up during a period of non-UK residence or from a transfer in from a recognised overseas pension scheme.
The last two conditions prevent members from accessing a tax-free payment under an UFPLS that is greater than that which would have been allowed as a pension commencement lump sum (PCLS).
It’s worth noting that an UFPLS is unlikely to be attractive to people who have ordinary (also known as ‘scheme-specific’) tax-free cash protection, as the maximum tax-free element that can be paid from an UFPLS is 25% of the UFPLS fund.
If the UFPLS is taken before age 75, 25% of it is tax free, and the balance (up to the member’s available lifetime allowance) is taxed as pension income at the member’s marginal rate of tax. (Note, the tax free element is not a PCLS). If the proposed UFPLS exceeds the member’s available lifetime allowance, the excess is paid as a lifetime allowance excess lump sum and is taxed at 55%.
Where the UFPLS is paid on or after age 75, 25% will be paid tax-free so long as the individual has enough lifetime allowance available to cover the full lump sum. If the member doesn’t have enough lifetime allowance left, only 25% of the available lifetime allowance is paid tax-free and the balance is taxed as pension income.
Benefit crystallisation events (BCE)
Where an UFPLS is paid before age 75, it’s tested against the member’s remaining lifetime allowance under BCE6. Where it’s paid after age 75, there’s no BCE, because the test against the member’s lifetime allowance will have already been done at age 75 under BCE5b. A BCE statement will be issued every time a member takes an UFPLS.
Reduction in the annual allowance
The first time a member accesses their pension benefits flexibly, which will include taking an UFPLS, they will trigger the money purchase annual allowance (MPAA). This will need to be considered carefully when deciding whether or not to take benefits as an UFPLS. If you want to find out more about the MPAA rules, please refer to our FAQs on the ‘Money purchase annual allowance’.
If a member has an entitlement to more than 25% tax-free cash from his pension - can he take the remaining fund as a UFPLS?(Expand content) (Minimise content)
No. A payment of tax-free cash can only be made where the member has an ‘actual entitlement’ to a relevant pension benefit under the same scheme. An UFPLS is a lump sum payment. It isn’t a relevant pension benefit so the remaining fund can’t be paid as an UFPLS. (Note – a relevant pension benefit includes drawdown, lifetime annuity and scheme pension).
If a member takes an UFPLS and then asks if he can return the money, after discovering that he’ll have to pay more tax on his earnings for the tax year. Is this allowed?(Expand content) (Minimise content)
No – there are no cancellation rights for UFPLS. Once an UFPLS has been paid, there’s no way to undo this.
Is there a difference between taking benefits as an UFPLS or as a small pot payment?(Expand content) (Minimise content)
There are a number of differences. The table below highlights some of the features of both UFPLS and small pot payments:
|BCE?||Yes (BCE 6)||No|
|Triggers the MPAA?||Yes||No|
|Maximum amount that can be paid as a lump sum when the member is under age 75||Limited to the individual’s available lifetime allowance||£10,000 per small pot|
|Maximum amount that can be paid as a lump sum when the member is age 75 or over||No limit, as the age 75 BCE will have been done and any excess charge will already have been paid.||£10,000 per small pot|
|Number of times such a payment can be made?||No limit||Maximum of 3 small pots from non-occupational pension schemes|
|Can be taken from age 55 (or a lower protected pension age) or earlier if in ill-health?||Yes||Yes|
|Tax-free element||25% of the remaining lifetime allowance||25% if taken from uncrystallised funds |
Nil if taken from crystallised funds
|Overall tax position*||Marginal rate||Marginal rate|
*While the overall tax position for UFPLS and small pots results in members paying marginal rate tax on the taxable part of the lump sum, the methods for deducting tax in practice are different. When an UFPLS is paid, 25% is normally tax free and the balance is taxed using an emergency code. Small pots from uncrystallised funds are paid 25% tax free with the balance being taxed at 20%. So those taking an UFPLS may need to reclaim tax from HMRC if they’ve overpaid, whereas members taking a small pot may have a tax liability for underpaid tax, or a claim for overpaid tax if they’re nil rate taxpayers. The end result is the same once the over/underpayment of tax is resolved.
Where the member has not reached age 75, an uncrystallised funds pension lump sum is taxed as follows:
- 25% is not liable to tax, (i.e. it is paid tax-free)
- 75% is taxed as pension income in the same way as a pension paid under a registered pension scheme. This means that the payer of the lump sum will deduct and account for income tax under the requirements of the PAYE regulations.
Here’s an example (of the overall tax position):
Hector is aged 62 and has a fund of £80,000 and wishes to take the full fund as a lump sum. He will get £20,000 tax-free, with £60,000 taxed at his marginal rate. Assuming this is his only income, then he will fall into the higher rate of tax and get £67,300 in his hand after tax*.
£20,000 tax-free + £60,000 taxed
Tax = (£11,500 x 0%) + (£33,500 x 20%) + (£15,000 x 40%) = £12,700
£60,000 - £12,700 = £47,300
£47,300 + £20,000 (the tax-free bit) = £67,300
*Tax calculation (using 2017/18 UK rates and allowances*). Scottish Rate of Income Tax would produce a slightly different result due to the fact that higher rate of income tax applies above £43,000, as opposed to £45,000 in the rest of the UK.
However, it’s important to note that if this is the first UFPLS that Hector is taking, it’s likely that the provider will not hold an up-to-date tax code and the UFPLS will be taxed using an emergency tax code. Using an emergency tax code means the UFPLS is effectively treated as if it will continue to be paid each month rather than as a one-off payment. The provider will therefore apply 1/12th of the personal allowance (£11,500 in 2017/18) to the payment, and will assess the remaining payment against 1/12th of each of the income tax bands currently in force.
So, using an emergency tax code the tax will actually be as follows:
£20,000 tax-free + £60,000 taxed
Tax = (£958 x 0%) + (£2,792 x 20%) + (£9,708 x 40%) + (£46,542 x 45%) = £25,385
£60,000 - £25,385 = £34,615
£34,615 + £20,000 (the tax-free bit) = £54,615 in his hand
Hector will have 2 options to reclaim the overpaid tax (as a result of using the emergency tax code). He can wait until the end of the tax year as a tax refund will be created as a result of the information submitted in his tax return, or he can reclaim the overpaid tax from HMRC during the tax year using the appropriate claim form. The second option is likely to be more popular for most individuals.
Pensions Technical Services