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Looking to Protect My 25% Tax-Free Lump Sum

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  • QrizB
    QrizB Posts: 18,985 Forumite
    10,000 Posts Fourth Anniversary Photogenic Name Dropper
    Sugar62 said:
    QrizB - 
    Historically, drawdown pensions were outside your estate for IHT purposes. However, from April 2027, HMRC plans to include:
    • Unused drawdown funds and
    • Uncrystallised pots within the estate for IHT assessment
    This means, it could be subject to 40% IHT on the excess above the nil-rate band.
    That's the answer to a different question to the one you asked, though.
    Are you expecting your estate to be liable to IHT? And even if you are, pensions won't be included for another 18 months - that's two budgets away.
    N. Hampshire, he/him. Octopus Intelligent Go elec & Tracker gas / Vodafone BB / iD mobile. Ripple Kirk Hill member.
    2.72kWp PV facing SSW installed Jan 2012. 11 x 247w panels, 3.6kw inverter. 34 MWh generated, long-term average 2.6 Os.
    Not exactly back from my break, but dipping in and out of the forum.
    Ofgem cap table, Ofgem cap explainer. Economy 7 cap explainer. Gas vs E7 vs peak elec heating costs, Best kettle!
  • Johnnyboy11
    Johnnyboy11 Posts: 329 Forumite
    Part of the Furniture 100 Posts
    A couple of points, maybe a bit niche. Firstly, if you are affected by the announced IHT changes, you might want to develop a strategy to get your SIPP emptied without paying any higher rate Income Tax. This might be tricky for some, particularly if they have other sources of income like a DC pension or State Pension. Secondly, money held inside a SIPP is currently ringfenced from bankruptcy.
  • Albermarle
    Albermarle Posts: 28,443 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    A couple of points, maybe a bit niche. Firstly, if you are affected by the announced IHT changes, you might want to develop a strategy to get your SIPP emptied without paying any higher rate Income Tax. This might be tricky for some, particularly if they have other sources of income like a DC pension or State Pension. Secondly, money held inside a SIPP is currently ringfenced from bankruptcy.
    Although to be clear, if the money taken out of the pension remains in the estate, then its IHT status will not change at all. So no gain or loss regarding IHT liability by moving it ( after 2027). The only way to avoid IHT if you are likely to be liable, is to spend it or give it away, regardless of where those funds are sourced from. 
  • DRS1
    DRS1 Posts: 1,459 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Without wanting to hijack, if one was able  to take TFLS and put into Isa (I am), would the general advice still to leave 25% TFLS in the pension or withdraw before any potential budget changes?

    I have flexible isa's with enough headroom to swallow 25% TFLS

    This would safeguard any potential changes to TFLS amounts whilst maintaining in a tax free environment, are there any downsides? I'm struggling to see them.
    I read this as saying the TFLS is more then £20k and you plan to put say £20k of TFLS into the ISA then withdraw it and put another £20k of TFLS in to the ISA.  But then the £20k you have withdrawn will be outside the ISA and you won't be able to put it back.

    Maybe I missed something?
  • DRS1 said:
    Without wanting to hijack, if one was able  to take TFLS and put into Isa (I am), would the general advice still to leave 25% TFLS in the pension or withdraw before any potential budget changes?

    I have flexible isa's with enough headroom to swallow 25% TFLS

    This would safeguard any potential changes to TFLS amounts whilst maintaining in a tax free environment, are there any downsides? I'm struggling to see them.
    I read this as saying the TFLS is more then £20k and you plan to put say £20k of TFLS into the ISA then withdraw it and put another £20k of TFLS in to the ISA.  But then the £20k you have withdrawn will be outside the ISA and you won't be able to put it back.

    Maybe I missed something?
    TFLS is circa £165K. My wife and i recently had over £200K in flexible isa's that we withdrew to upsize house. As these were flexible we can 'refill' them if deposit is in the same tax year as the withdrawal
  • Johnnyboy11
    Johnnyboy11 Posts: 329 Forumite
    Part of the Furniture 100 Posts
    A couple of points, maybe a bit niche. Firstly, if you are affected by the announced IHT changes, you might want to develop a strategy to get your SIPP emptied without paying any higher rate Income Tax. This might be tricky for some, particularly if they have other sources of income like a DC pension or State Pension. Secondly, money held inside a SIPP is currently ringfenced from bankruptcy.
    Although to be clear, if the money taken out of the pension remains in the estate, then its IHT status will not change at all. So no gain or loss regarding IHT liability by moving it ( after 2027). The only way to avoid IHT if you are likely to be liable, is to spend it or give it away, regardless of where those funds are sourced from. 
    However, for someone who dies after age 75, the contents of a SIPP would be subject to both IHT and then Income Tax by the recipients. This wouldn’t be the case if the SIPP had been moved to say an ISA or GIA, ideally without having incurred higher rate Income Tax in the process. I would be surprised if the Age 75 rule isn’t also under review.
  • QrizB
    QrizB Posts: 18,985 Forumite
    10,000 Posts Fourth Anniversary Photogenic Name Dropper
    DRS1 said:
    Without wanting to hijack, if one was able  to take TFLS and put into Isa (I am), would the general advice still to leave 25% TFLS in the pension or withdraw before any potential budget changes?

    I have flexible isa's with enough headroom to swallow 25% TFLS

    This would safeguard any potential changes to TFLS amounts whilst maintaining in a tax free environment, are there any downsides? I'm struggling to see them.
    I read this as saying the TFLS is more then £20k and you plan to put say £20k of TFLS into the ISA then withdraw it and put another £20k of TFLS in to the ISA.  But then the £20k you have withdrawn will be outside the ISA and you won't be able to put it back.

    Maybe I missed something?
    TFLS is circa £165K. My wife and i recently had over £200K in flexible isa's that we withdrew to upsize house. As these were flexible we can 'refill' them if deposit is in the same tax year as the withdrawal
    That sounds viable to me.
    N. Hampshire, he/him. Octopus Intelligent Go elec & Tracker gas / Vodafone BB / iD mobile. Ripple Kirk Hill member.
    2.72kWp PV facing SSW installed Jan 2012. 11 x 247w panels, 3.6kw inverter. 34 MWh generated, long-term average 2.6 Os.
    Not exactly back from my break, but dipping in and out of the forum.
    Ofgem cap table, Ofgem cap explainer. Economy 7 cap explainer. Gas vs E7 vs peak elec heating costs, Best kettle!
  • Albermarle
    Albermarle Posts: 28,443 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    A couple of points, maybe a bit niche. Firstly, if you are affected by the announced IHT changes, you might want to develop a strategy to get your SIPP emptied without paying any higher rate Income Tax. This might be tricky for some, particularly if they have other sources of income like a DC pension or State Pension. Secondly, money held inside a SIPP is currently ringfenced from bankruptcy.
    Although to be clear, if the money taken out of the pension remains in the estate, then its IHT status will not change at all. So no gain or loss regarding IHT liability by moving it ( after 2027). The only way to avoid IHT if you are likely to be liable, is to spend it or give it away, regardless of where those funds are sourced from. 
    However, for someone who dies after age 75, the contents of a SIPP would be subject to both IHT and then Income Tax by the recipients. This wouldn’t be the case if the SIPP had been moved to say an ISA or GIA, ideally without having incurred higher rate Income Tax in the process. I would be surprised if the Age 75 rule isn’t also under review.
    For the first part, income tax is paid when you take the money out of the crystallised pension yourself, so if you die before 75, you have paid tax unnecessarily, unless the legislation changes.
    I think at the end of the day it is a bit 50:50 what to do and down to personal preference/situation.
  • DRS1
    DRS1 Posts: 1,459 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    DRS1 said:
    Without wanting to hijack, if one was able  to take TFLS and put into Isa (I am), would the general advice still to leave 25% TFLS in the pension or withdraw before any potential budget changes?

    I have flexible isa's with enough headroom to swallow 25% TFLS

    This would safeguard any potential changes to TFLS amounts whilst maintaining in a tax free environment, are there any downsides? I'm struggling to see them.
    I read this as saying the TFLS is more then £20k and you plan to put say £20k of TFLS into the ISA then withdraw it and put another £20k of TFLS in to the ISA.  But then the £20k you have withdrawn will be outside the ISA and you won't be able to put it back.

    Maybe I missed something?
    TFLS is circa £165K. My wife and i recently had over £200K in flexible isa's that we withdrew to upsize house. As these were flexible we can 'refill' them if deposit is in the same tax year as the withdrawal
    Go for it.  I can't imagine many people being in that position.
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