Lump Sum And Death Benefits Allowance (LSDBA)

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The Lump Sum and Death Benefit Allowance (LSDBA) is a new allowance introduced on 6 April 2024 following the abolition of the Lifetime Allowance (LTA).

AI Summary
  • The Lump Sum and Death Benefit Allowance (LSDBA) replaces the Lifetime Allowance (LTA) from 6 April 2024
  • The standard LSDBA is £1,073,100 for those without transitional protection or enhancements
  • LSDBA applies to certain lump sums paid during lifetime and on death before age 75
  • It is not relevant for pensions inherited by beneficiaries where the policyholder was 75 or older at time of death.
  • Lump sums within the available LSDBA are typically paid tax-free
  • Excess payments above the LSDBA are subject to income tax
  • Pre-6 April 2024 benefits impact the available LSDBA through standard or alternative calculations
  • Transitional protections and enhancement factors can increase an individual's LSDBA
  • The LSDBA does not apply to pension death benefits, only lump sum death benefits
  • Scheme choice and flexibility are important for maximising death benefit options and tax efficiency
  • Individuals can apply for a Transitional Tax-Free Amount Certificate (TTFAC) in certain circumstances.

The LSDBA limits the total amount of tax-free lump sums that can be paid from registered pension schemes during a member’s lifetime and upon death. With a standard limit of £1,073,100 for individuals without transitional protection or enhancements, the LSDBA encompasses various types of lump sum payments, including pension commencement lump sums, serious ill-health lump sums, and certain death benefits paid to beneficiaires.

Lump Sums Counted Towards the LSDBA

Several types of lump sums are considered ‘relevant benefit crystallisation events’ (RBCEs) and count towards the Lump Sum and Death Benefit Allowance:

  1. Pension Commencement Lump Sums (PCLS): The entire PCLS counts towards the LSDBA, including scheme-specific tax-free cash where it exceeds 25% of the total value crystallising.

  2. Uncrystallised Funds Pension Lump Sum (UFPLS): The tax-free element of an UFPLS payment is counted against the LSDBA.

  3. Stand-alone Lump Sums: Only the tax-free element counts towards the LSDBA, limited to the value that could have been paid on 5 April 2023.

  4. Serious Ill-health Lump Sums: These count if paid before age 75 when life expectancy is less than a year.

  5. Lump Sum Death Benefits: These are included if death occurs before age 75 and the payment is made within two years of the scheme administrator being aware of the member’s death.

Lump Sums Excluded from the LSDBA

Certain lump sums are not counted towards the Lump Sum and Death Benefit Allowance:

  1. Lump sum death benefits from funds crystallised before 6 April 2024
  2. Trivial commutation lump sums from defined benefit schemes
  3. Trivial commutation lump sum death benefits
  4. Winding up lump sums and winding up lump sum death benefits
  5. Small pot lump sums
  6. Charity lump sum death benefits (subject to specific conditions)
  7. Lump sum death benefits paid more than two years after the scheme administrator was aware of the member’s death
  8. Lump sum death benefits or serious ill-health lump sums paid after age 75

Transitional Protections and the LSDBA

The Lump Sum and Death Benefit Allowance differs for individuals with transitional protections:

Protection TypeLump Sum and Death Benefit Allowance (LSDBA)
Primary Protection£1.8M + (£1.8M x primary protection factor)
Fixed Protection 2016£1.25M
Individual Protection 2016Lower of the value of benefits on 5 April 2016 or £1.25M
Fixed Protection 2014£1.5M
Individual Protection 2014Lower of the value of benefits on 5 April 2014 or £1.5M
Fixed Protection 2012£1.8M
Enhanced ProtectionValue of uncrystallised funds on 5 April 2024

Enhancement Factors

Individuals may apply for an enhancement factor to increase their Lump Sum and Death Benefit Allowance in specific circumstances that occurred before 6 April 2024:

  1. Transferring benefits from a recognised overseas pension scheme (ROPS) into a UK registered pension
  2. Receiving a pension credit on divorce
  3. Accruing benefits as a ‘relevant overseas individual’ without UK tax relief

The deadline for applying for an enhancement is 5 April 2025. As of 6 April 2024, the enhancement factor is calculated by dividing the extra benefits by £1M and rounding up to two decimal places. This factor is then applied to increase the individual’s LSDBA.

Calculating remaining LSDBA

Pre-6 April 2024 Benefits and Remaining LSDBA

For benefits taken before 6 April 2024, an adjustment to the available Lump Sum and Death Benefit Allowance must be made. There are two methods to calculate this adjustment:

  1. Standard Calculation: This method deducts 25% of the LTA used by benefits taken before 6 April 2024 from the LSDBA. For serious ill-health lump sums, 100% of all LTA usage is deducted.

  2. Alternative Calculation: Individuals or their legal representatives can apply for a Transitional Tax-Free Amount Certificate (TTFAC) if they can evidence the exact amounts of tax-free lump sums paid before 6 April 2024. This method may result in a higher remaining LSDBA for some individuals.

Transitional Tax-Free Amount Certificate (TTFAC)

The TTFAC allows for an alternative calculation that can potentially increase the remaining Lump Sum and Death Benefit Allowance. This option is beneficial for individuals who:

  • Took low or no tax-free cash due to generous guaranteed annuity rates
  • Were in DB schemes but didn’t commute pension for their full tax-free cash entitlement
  • Took benefits during tax years when the LTA was lower than £1,073,100 (2016/17 to 2019/20)
  • Transferred uncrystallised benefits to a QROPS
  • Took benefits from a scheme including disqualifying pension credits
  • Are over age 75 with ‘unused funds’

To apply for a TTFAC, individuals must provide evidence of tax-free lump sums taken before 6 April 2024. The application should be made to the scheme that will pay the first lump sum after 5 April 2024. Scheme administrators have three months to issue the TTFAC or explain why they’ve refused to issue it.

Importance of Death Benefit Options

The introduction of the Lump Sum and Death Benefit Allowance emphasises the importance of being in the right pension scheme. Only lump sum death benefits are tested against the LSDBA, while death benefits paid as a pension/beneficiaries drawdown are not tested.

This distinction can have significant tax implications if the inherited pension comes from a scheme that only offers Return of Fund as a death benefit for example.

Ensuring clients are in schemes that offer all death benefit options can be crucial for those with substantial pension savings. It’s also essential to keep death benefit nominations up to date, especially for non-dependant beneficiaries.

Tax Implications of Exceeding the LSDBA

If the Lump Sum and Death Benefit Allowance is exceeded, the excess amount may be subject to income tax. For lump sums paid during the member’s lifetime, the scheme will deduct tax at the individual’s marginal rate. In the case of death benefits, any excess over the remaining LSDBA will be taxed at the beneficiary’s marginal rate, with the legal personal representative responsible for reporting this to HMRC.

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