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Protected tax free cash

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  • Steve182
    Steve182 Posts: 623 Forumite
    Fourth Anniversary 500 Posts Photogenic Name Dropper
    xylophone said:
    You have the links to the Techzone fact sheet and to HMRC Manual.

    Here is the Pru/M&G version.

    https://www.mandg.com/pru/adviser/en-gb/insights-events/insights-library/primary-protection-tax-free

    This caught my eye

    Before covering protection of lump sum rights, it’s important to understand the valuation of lump sum rights at A-day.

    When people notified HMRC of their intention to rely on primary or enhanced protection, it was also possible to protect lump sum rights that were more than £375,000 on 5 April 2006.


    However, there is no reference to a certificate.

    There is though this

    https://www.curtisbanks.co.uk/case-study/enhanced-protection-fact-sheet/

    If, on 5 April 2006, you were entitled to more than £375,000 tax free cash, you could protect this as part of your enhanced protection. The protection certificate would give a protected PCLS percentage based on the values as at 5 April 2006. For example, if your pension had been worth £2m and your tax free cash entitlement was £400,000, your certificate would show protected PCLS of 20%. You would be able to take 20% PCLS every time you took benefits, with no upper limit.


    This leads me to wonder if the "certificate" applied to TFC greater than £375,000?


    I guess I may just have to humor them and contact HMRC, who I guess will probably say that they don't provide such certificates and that the new scheme needs to obtain the relevant info from the old scheme.

    You could write and put your query.

    https://www.gov.uk/government/organisations/hm-revenue-customs/contact/pension-scheme-enquiries


    Thanks Xylophone

    That's most helpful, I will write to them and include the numbers provided by the original scheme provider, which were significantly less than 375K on 6 April 2006
    “Like a bunch of cod fishermen after all the cod’s been overfished, they don’t catch a lot of cod, but they keep on fishing in the same waters. That’s what’s happened to all these value investors. Maybe they should move to where the fish are.”   Charlie Munger, vice chairman, Berkshire Hathaway
  • xylophone
    xylophone Posts: 45,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I will write to them and include the numbers provided by the original scheme provider, which were significantly less than 375K on 6 April 2006

    Let us know how you get on.

  • dunstonh
    dunstonh Posts: 119,743 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Following on from the earlier correspondence with my SIPP provider  -

    "In regards to the below email [requesting a current valuation of TFC], we would require a protection certificate from HMRC, before we are able to apply this to our system due to us needing the correct numbers form the certificate."

    So I asked them to obtain this from HMRC, and below is their latest reply -

    "Thank you for your email.

    Unfortunately its not something we can do, we cannot speak to HMRC directly in regards to specific client so you would have to do this and send it over to us."


    You dont get a certificate with protected tax free cash.   You do with fixed protection.  I wonder if they have got it into their head that you have fixed protection?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Steve182
    Steve182 Posts: 623 Forumite
    Fourth Anniversary 500 Posts Photogenic Name Dropper
    edited 12 March 2023 at 12:30AM
    I've written the letter to HMRC requesting the certificate. There is little doubt in my mind that they will simply tell me that no such certificates are issued for TFC and it's up to the scheme administrators to communicate such details. If I'm correct I think it's pretty poor that one of the largest pension schemes in the country are so clueless in this respect.

    I'll update as soon as HMRC reply.

    Thank-you all for your input.
    “Like a bunch of cod fishermen after all the cod’s been overfished, they don’t catch a lot of cod, but they keep on fishing in the same waters. That’s what’s happened to all these value investors. Maybe they should move to where the fish are.”   Charlie Munger, vice chairman, Berkshire Hathaway
  • xylophone
    xylophone Posts: 45,627 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'll update as soon as HMRC reply.

    Thanks for this.

    Might be a long wait! :)

    It would be interesting to know the outcome - a useful point of reference for forum members.

  • Steve182
    Steve182 Posts: 623 Forumite
    Fourth Anniversary 500 Posts Photogenic Name Dropper
    There are rumours that the Lifetime Allowance might be increased in the budget on Wednesday. 

    The Lifetime Allowance forms part of the enhanced Tax Free Cash calculation.

    If the Lifetime Allowance does increase, then your TFC, currently £137,040 could fall. 

    For every £100,000 increase in the Lifetime Allowance, your TFC would fall by around £1,100.
    Now that the LTA will be completely abolished I wonder how my enhanced TFC will be affected. I guess they will publish a new formula?
    “Like a bunch of cod fishermen after all the cod’s been overfished, they don’t catch a lot of cod, but they keep on fishing in the same waters. That’s what’s happened to all these value investors. Maybe they should move to where the fish are.”   Charlie Munger, vice chairman, Berkshire Hathaway
  • dunstonh
    dunstonh Posts: 119,743 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Steve182 said:
    There are rumours that the Lifetime Allowance might be increased in the budget on Wednesday. 

    The Lifetime Allowance forms part of the enhanced Tax Free Cash calculation.

    If the Lifetime Allowance does increase, then your TFC, currently £137,040 could fall. 

    For every £100,000 increase in the Lifetime Allowance, your TFC would fall by around £1,100.
    Now that the LTA will be completely abolished I wonder how my enhanced TFC will be affected. I guess they will publish a new formula?
    They may not have to tweak it much as the tax free cash limit is remaining frozen at 25% of the current LTA,
    The likely outcome is that the calculation will have a minor adjustment to reflect that figure rather than the LTA itself.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Steve182
    Steve182 Posts: 623 Forumite
    Fourth Anniversary 500 Posts Photogenic Name Dropper
    Steve182 said:
    I've written the letter to HMRC requesting the certificate. There is little doubt in my mind that they will simply tell me that no such certificates are issued for TFC and it's up to the scheme administrators to communicate such details. If I'm correct I think it's pretty poor that one of the largest pension schemes in the country are so clueless in this respect.

    I'll update as soon as HMRC reply.

    Thank-you all for your input.
    HMRC finally replied last week to tell me that I cannot have a pension protection certificate because I don't hold additional LTA protection.

    That much I already knew. Unfortunately the reply was very brief and they didn't offer any further clarification that I could forward on to my current pension provider. 

    Anyway I've emailed my current pension provider today to tell them that HMRC cannot issue a certificate for this and I've suggested that they may be confusing "scheme specific lump-sum protection" with "LTA protection"

    I also included a quote from 
    PTM063130 to help them:

    "As the name suggests, this form of lump sum protection applies to a specific pension scheme. There is no need for an individual or pension scheme administrator to claim this protection from HMRC. The legislation applies the protection automatically."

    Hopefully this will be now be dealt with by someone with a better understanding of pension rules and procedures and my lump sum protection will be applied without further delay.

    I'll update in due course.
    “Like a bunch of cod fishermen after all the cod’s been overfished, they don’t catch a lot of cod, but they keep on fishing in the same waters. That’s what’s happened to all these value investors. Maybe they should move to where the fish are.”   Charlie Munger, vice chairman, Berkshire Hathaway
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