We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Paying tax on dead partners private pension

Options
    Hi,

    My father passed away several years ago at age 49. He had a private police pension that now goes to my mum, however by taking this pension it pushes her into the 40% tax bracket. If my father were alive still then obviously the pension would go to him leaving my mum out of the higher tax bracket and he only would pay 20% on it —> more money.

    My question is firstly, is this correct that my dad’s pension is added straight on top of my mums salary and incurs this higher tax. Secondly, is there anyway to gift the pension or split in in such a way that the tax is lowered?

    Thanks

    Tom

    Comments

    • antrobus
      antrobus Posts: 17,386 Forumite
      Tom_middle wrote: »
      My question is firstly, is this correct that my dad’s pension is added straight on top of my mums salary and incurs this higher tax. ...

      Yes. It's not your dad’s pension anymore, it's your mum's.
      Tom_middle wrote: »
      Secondly, is there anyway to gift the pension or split in in such a way that the tax is lowered?

      Not that I'm aware of.
    • Andy_L
      Andy_L Posts: 13,022 Forumite
      Part of the Furniture 10,000 Posts Name Dropper
      the only options are can see would be to pay enough into her own pension to avoid the 40% band or donate it all to charity
    • If she's still earning, does she have to take all of it? Would it be possible to delay taking it until she retires herself?
      The Pensions Board might have more suggestions.
      No longer a spouse, or trailing, but MSE won't allow me to change my username...
    • Misslayed
      Misslayed Posts: 15,391 Senior Ambassador
      Tenth Anniversary 10,000 Posts Homepage Hero Name Dropper
      The police dependants' trust are very helpful.
      I’m a Senior Forum Ambassador and I support the Forum Team on the Competition Time, Site Feedback and Marriage, Relationships and Families boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com All views are my own and not the official line of Money Saving Expert.
    • kidmugsy
      kidmugsy Posts: 12,709 Forumite
      Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
      Tom_middle wrote: »
      My question is firstly, is this correct that my dad’s pension is added straight on top of my mums salary and incurs this higher tax.


      It certainly is: income is income.

      Tom_middle wrote: »
      Secondly, is there anyway to gift the pension or split in in such a way that the tax is lowered?


      Not that I've ever heard of. The usual way to dodge 40% tax would be for your mother to contribute enough to a pension that her earnings minus gross pension contribution falls below the higher rate threshold. What sort of pension does she pay in to at the moment?
      Free the dunston one next time too.
    • xylophone
      xylophone Posts: 45,607 Forumite
      Part of the Furniture 10,000 Posts Name Dropper
      Your mother is earning a salary.

      Does she have a pension scheme?

      Has she considered paying enough from her "relevant earnings" into her pension to avoid the 40% tax?

      https://www.gov.uk/tax-on-your-private-pension/pension-tax-relief
    This discussion has been closed.
    Meet your Ambassadors

    🚀 Getting Started

    Hi new member!

    Our Getting Started Guide will help you get the most out of the Forum

    Categories

    • All Categories
    • 350.9K Banking & Borrowing
    • 253.1K Reduce Debt & Boost Income
    • 453.5K Spending & Discounts
    • 243.9K Work, Benefits & Business
    • 598.8K Mortgages, Homes & Bills
    • 176.9K Life & Family
    • 257.2K Travel & Transport
    • 1.5M Hobbies & Leisure
    • 16.1K Discuss & Feedback
    • 37.6K Read-Only Boards

    Is this how you want to be seen?

    We see you are using a default avatar. It takes only a few seconds to pick a picture.