< Go Back Family member pension contributions Posted: Oct 21, 2019 Family member
pension contributions
Although
there continues to be plenty of speculation over possible pension tax relief
cuts, as things currently stand, paying into a pension generally remains a
tax-efficient way of saving for old-age. Given that there may well be future
changes in this area, it might be beneficial to consider starting, or topping
up, pension plans sooner rather than later.
Most
employer pension contributions will count as allowable business expenses, so a
company could currently save up to 19% in corporation tax if it makes
qualifying contributions on behalf of its employees. This may be particularly
beneficial in a family-owned company where pensions for family members can be
built up whist saving both the investor and the company money. In order to
qualify for a deduction, the pension contributions should be 'wholly and
exclusively' for the purposes of business. HMRC will check for evidence that
this is the case, for example whether other employees are receiving comparable
remuneration packages.
Reliefs
Subject
to certain conditions, tax relief is currently available on pension
contributions at the highest rate of income tax paid, meaning that basic rate
taxpayers get relief on contributions at 20%, higher rate taxpayers at 40%, and
additional rate taxpayers at 45%. In Scotland, income tax is banded
differently, and pension tax relief is applied in a slightly different way.
A
contribution of £100, will currently only cost a basic rate taxpayer £80. The
contribution is deemed as being made net of tax (£80) and the pension provider
claims the tax relief (£20) from the government. The gross contribution (£100)
is invested in the pension plan. Higher rate and additional rate taxpayers need
only to pay £60 and £55 respectively to achieve the same £100 of pension
savings.
Pensions
are a particularly tax-efficient form of savings since nearly everyone is
entitled to receive relief on contributions up to an annual maximum regardless
of whether they pay tax or not. The maximum amount on which a non-taxpayer can
currently receive basic rate tax relief is £3,600. So, an individual can pay in £2,880 a year, but £3,600 will be the amount actually invested by the pension
provider. Higher amounts may be invested, but tax relief will not be given on
the excess. Any tax relief received from HMRC on excess contributions may have
to be repaid.
It's
worth noting that where family members are employed and pension contributions
paid by the company, there needs to be a genuine business reason for it. The
family member should be paid a commercial amount for work that they have
actually undertaken, and the company should be able to prove that this is the
case.
Auto-enrolment
A
spouse/civil partner or other family member may be employed to help with a
business. If they are paid a salary and they are not a director, they may be an 'eligible worker', which means the business may need to automatically enrol
them into a pension scheme. A worker that is eligible to join a workplace
pension is an employee aged between 22 and the state pension age that is paid
over £833 per month or £192 per week.
If
they are a director, there may still be enrolment obligations (see the Pensions
Advisory service atwww.pensionsadvisoryservice.org.uk for further
details). The minimum contributions employers and their staff must pay into
their workplace pension scheme has increased with effect from 6 April 2019.
Anyone employing staff should check that these legal obligations are being complied
with.
One-person
limited companies are exempt from pensions auto-enrolment, which means that the
company does not have to provide a workplace pension whilst the owner/director
is the only employee.
Working
out how best to utilise pension contributions tax relief can be complicated,
and seeking professional advice is recommended.
Partner note: FA 2004, Part 4