Pension Freedom  

When and why you should still use bypass trusts

  • Understand when a bypass trust is most suitable to pass on pension assets.
  • Explain how the pension flexibility rules and the bypass trust rules can be used to complement each other.
  • Identify how you can help clients navigate which is the most suitable route for their beneficiaries.
CPD
Approx.30min

For example:

Gross distribution

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£5,000

Beneficiary receives

£2,750

Tax credit (45 per cent) 

£2,250

The scheme administrator will provide the trustees with the relevant information that they must pass on to the beneficiary for them to make the claim. The beneficiary must then account for the gross amount of lump sum death benefit in their self-assessment return, or they can use the R40 repayment claim form. 

Where the tax paid exceeds the total income tax liability for the year, HM Revenue & Customs will repay the difference.

Price of control

Although the tax credit is designed so that the tax on the lump sum death benefit is paid at the individual’s marginal rates, as if they had received the payment from the pension scheme directly, the control the trust gives will come at a cost. 

There is no time limit for onward payment of the lump sum death benefit from the trust to the individual. However, the lost compound growth on the 45 per cent paid to HMRC when the death benefits are transferred to the bypass trust will become increasingly larger than the 45 per cent tax credit that can be claimed when payments are eventually made to beneficiaries.  

Whether it is a cost worth paying will be down to individual circumstances. 

Lisa Webster is senior technical consultant at AJ Bell

CPD
Approx.30min

Please answer the six multiple choice questions below in order to bank your CPD. Multiple attempts are available until all questions are correctly answered.

  1. Who ultimately decides who should receive pension funds on the death of the scheme member?

  2. If a scheme does not offer flexi-access drawdown, this does not prevent a beneficiary from transferring their money from the scheme to one that does. True or false?

  3. It is the scheme member leaving the benefit to the beneficiary who dictates how the money can be taken from their remaining pension fund. True or false?

  4. If a beneficiary is considered to have a complicated family arrangement, the best way for funds to be passed on is:

  5. The trustees of a discretionary bypass trust are chosen by:

  6. What is the most tax-efficient way to pass pension assets to a beneficiary?

Nearly There…

You have successfully answered all the questions correctly, well done!

You should now know…

  • Understand when a bypass trust is most suitable to pass on pension assets.
  • Explain how the pension flexibility rules and the bypass trust rules can be used to complement each other.
  • Identify how you can help clients navigate which is the most suitable route for their beneficiaries.

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