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For members of the Local Government Pension Scheme in Scotland

Tax

Contributions you pay to the LGPS are tax-free up to certain limits. You may have to pay extra tax if your pension savings are more than those limits.

Overview

In this section we look at the HM Revenue and Customs (HMRC) rules about pension savings. There are limits on:

  • the amount of pension savings you can make in a year – the annual allowance, and
  • the lump sum you can take when you take your pension

before you have to pay extra tax. This is in addition to any income tax you pay on your pension when it is paid to you. Most people will be able to save as much as they wish because their pension savings and maximum lump sum are less than the limits.

There is no limit on the amount of pension contributions you can pay. You will not get tax relief on all your contributions if you pay more than your taxable pay into your pension in a tax year.

There is a limit on the amount of extra pension you can buy in the LGPS by paying additional pension contributions. The most you can currently buy is £8,030 of extra yearly pension.

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The annual allowance

The annual allowance is the amount your pension savings can increase by in a year without you having to pay extra tax. If your savings increase by more than the annual allowance, you will have to pay tax on the excess. The standard annual allowance increased from £40,000 to £60,000 on 6 April 2023.


Your annual allowance 03:22

Tax rules limit how much pension you can build up each year without having to pay a tax charge. This video explains how the annual allowance works.

Download transcript for “Your annual allowance” (PDF 23KB)

Visit the Videos page to watch more of our ‘Pensions made simple’ videos.

Who is affected by the annual allowance?

Most people aren’t affected by the annual allowance because their pension savings don’t increase by more than £60,000 in a year. You are most likely to be affected if one or more of these statements applies to you:

  • You have final salary membership and you receive a significant pay increase. Membership built up before 1 April 2015 is final salary membership. You could also have final salary membership that you transferred from another public service pension scheme.
  • You combine a previous LGPS pension benefit that was built up in the final salary section of the LGPS and your salary is higher than it was when you left the Scheme.
  • You transfer pension rights that include final salary benefits into the LGPS from another public service pension scheme and your current salary is higher than your salary was when you left the other pension scheme.
  • You pay a high level of additional contributions.
  • You are a high earner.
  • You have accessed flexible benefits since April 2015.

How is the annual allowance worked out?

The increase in the value of your LGPS benefits in a year is calculated by:

  • working out the value of your benefits before the start of the ‘pension input period’
  • increasing that amount by inflation
  • comparing it with the value of your benefits at the end of the ‘pension input period’
  • adding any Additional Voluntary Contributions (AVCs) that you or your employer has paid during the year.

The pension input period is the same as the tax year – 6 April to 5 April.

The value of your LGPS benefits is:

  • your annual pension multiplied by 16 plus
  • any lump sum you are automatically entitled to. You will have an automatic lump sum if you joined the LGPS before 1 April 2009.

If the value of your pension benefits at the end of the year less their value before the start of the year is more than the annual allowance, you may have to pay a tax charge.

The annual allowance applies to all pension schemes, not just the LGPS. If you pay into more than one pension scheme in a year, you will need to find out the total increase in pension savings across all schemes to find out if you have exceeded the annual allowance.

You can use the Annual allowance quick check tool to check if your LGPS pension savings are likely to exceed the annual allowance.

Carry forward

The carry forward rule allows you to carry forward unused annual allowance from the three previous years. This means that you may not have to pay an annual allowance tax charge, even if the value of your pension savings increases by more than the annual allowance in a year. To carry forward unused annual allowance from an earlier year, you must have been a member of a tax-registered pension scheme in that year.

The tapered annual allowance for high earners

The annual allowance is reduced or ‘tapered’ for higher earners. The annual allowance will be reduced if your ‘Threshold income’ and ‘Adjusted income’ exceed the limits in a year. For every £2 that your Adjusted Income exceeds the limit, your annual allowance is reduced by £1. Your annual allowance cannot be reduced below the minimum. These limits changed from April 2020 and then again from April 2023. The table below shows the limits that apply.

TermDefinitionLimit 2016/17 to 2019/20 Limit 2020/21 to 2022/23 Limit 2023/24 onwards
Threshold incomeBroadly, your taxable income after your pension contributions have been deducted (including AVCs deducted under the net pay arrangement£110,000£200,000£200,000
Adjusted incomeBroadly, your threshold income plus pension savings built up in the tax year£150,000£240,000£260,000
Minimum annual allowanceThe minimum annual allowance that can apply£10,000£4,000£10,000
Tapered annual allowance limits

Flexible benefit access and the annual allowance

If you have benefits in a money purchase (defined contribution) pension arrangement which you have flexibly accessed since 6 April 2015, then the money purchase annual allowance rules may apply. This includes where you withdraw a taxable lump sum from your AVCs. This will only be the case if your total contributions to a money purchase arrangement (such as AVCs) exceed the money purchase annual allowance in a year.

If your contributions exceed the money purchase annual allowance, your pension savings in the LGPS will be measured against the alternative annual allowance.

Tax yearMoney purchase annual allowance (MPAA)Alternative annual allowance if MPAA exceeded
2016/17£10,000£30,000
2017/18 to 2022/23£4,000£36,000
2023/24 onwards£10,000£50,000
The money purchase annual allowance

If you access flexible benefits, your pension scheme must give you a flexible access statement. If you accessed flexible benefits in a different pension scheme, you should give your LGPS pension fund a copy of this statement.

Exceeding the annual allowance

Your pension fund must tell you if your pensions savings in the LGPS exceed the annual allowance in a tax year. They must inform you within six months of the end of the tax year – by 6 October. Your pension fund is not required to tell you if you have exceeded the tapered annual allowance.

If you exceed the annual allowance in a year, you must report this to HMRC in your self-assessment tax return.

If you have an annual allowance tax charge that is more than £2,000, you may be able to opt for the LGPS to pay some or all of the tax charge on your behalf. The tax charge would then be recovered from your pension. This is known as ‘scheme pays’. If you are retiring, you must elect for scheme pays before you take your pension. Contact your pension fund to find out more about scheme pays and the time limits that apply.

If you wish to slow down your pension build-up, you may wish to consider joining the 50/50 section. In the 50/50 section you pay half your normal contributions and build up pension at half the normal rate. You retain full life cover and ill health cover. You can find out more about 50/50 in the Paying less section.

Before taking any action to reduce your tax liabilities you should always seek independent financial advice from an adviser registered with the Financial Conduct Authority. MoneyHelper can help you choose a financial adviser.

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Annual allowance examples

Annual allowance example 1 – Sanjay

This example shows Sanjay’s annual allowance position for the 2019/2020 year. This example demonstrates the lower annual allowance tapering limits that were in force before the 2020/21 year.

Sanjay’s financial informationAmount
Gross salary 2019/20£130,000
Less employee pension contributions (10.2%)£13,260
Plus taxable income from property£30,000
Threshold income 2019/20£146,740
Plus pension savings in the year£42,449
Adjusted income 2019/20£189,189
Example 1 – Basic information

Sanjay’s Threshold income is more than £110,000 and his Adjusted income is more than £150,000. His annual allowance is tapered for the 2019/20 year

Sanjay’s financial informationAmount
Tapered annual allowance£20,406*
In excess of annual allowance£22,043 (£42,449 – £20,406)
Annual allowance tax charge at marginal rate£8,817.20 (40% rate assumed)
Example 1 – Tapered annual allowance position

* Taper = £189,189 – £150,000 = £39,189 ÷ 2 = £19,594 (rounded down)

Standard annual allowance £40,000 – £19,594 = tapered annual allowance £20,406


Annual allowance example 2 – Cerys

Cerys is a higher earner who exceeds the standard annual allowance in the 2020/21 year.

Cerys’s financial informationAmount
Gross salary 2020/21£220,000
Less employee pension contributions (10.9%)£23,980
Threshold income 2020/21£196,020
Example 2 – Basic information

Cerys’s Threshold income is less than £200,000. Her annual allowance will not be tapered in 2020/21. Cerys’s pension savings will be measured against the standard annual allowance of £40,000.

Cerys’s financial informationAmount
Pension savings in 2020/21£71,837
Standard annual allowance£40,000
Pension savings in excess of annual allowance£31,837
Annual allowance tax charge at marginal rate£14,327 (45% rate assumed)
Example 2 – Annual allowance position

Annual allowance example 3 – Huang

In this example, Huang exceeds the increased tapered annual allowance limits that apply from the 2020/21 year.

Huang’s financial informationAmount
Gross salary 2020/21£210,000
Less employee pension contributions (10.9%)£22,890
Plus taxable income from property£30,000
Threshold income 2020/21£217,110
Plus pension savings in the year£68,571
Adjusted income 2020/21£285,681
Example 3 – Basic information

Huang’s Threshold income is more than £200,000 and her Adjusted income is more than £240,000. Her annual allowance will be tapered for the 2020/21 year.

Huang’s financial informationAmount
Tapered annual allowance£17,160*
In excess of annual allowance£51,411
AA tax charge at marginal rate£23,134 (45% rate assumed)
Example 3 – Tapered annual allowance position

* Taper = £285,681 – £240,000 = £45,681 ÷ 2 = £22,840 (rounded down)

Standard annual allowance £40,000 – £22,840 = £17,160.


Annual allowance examples – assumptions

We have made no allowance for any carry forward in these examples. In working out the pension savings in the year we have assumed:

  • inflation adjustment of zero
  • the members have no final salary benefits in the LGPS, and
  • the members are not paying any additional contributions.
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Lump sum limits

Two lump sum limits were introduced from 6 April 2024. If the total of all lump sums you take from UK pensions is more than one of these limits, you will have to pay extra tax. Tax on any excess is charged at your marginal rate.

In the LGPS, you can generally take up to 25% of the value of your benefits as a lump sum. Most members will not be affected because the maximum lump sum they can take is much lower than the limits. If you have built up a large pension in the LGPS or a different scheme, the new limits may affect you.

Lump sum allowance

The lump sum allowance is £268,275. It limits the amount of tax-free cash you can take from your pension.

Your pension fund must check your lump sum allowance when you take a lump sum from the LGPS. If you have already taken payment of a lump sum from the LGPS or a different UK pension scheme, this used up some of your lump sum allowance. These lump sums use up your lump sum allowance:

  • pension commencement lump sum
  • uncrystallised funds pension lump sum
  • stand-alone lump sum.

You cannot receive a stand-alone lump sum from the LGPS. Though, you could receive one from a different pension scheme.

Lump sum and death benefit allowance

The lump sum and death benefit allowance is £1,073,100. Your pension fund must check this allowance when you take payment of a lump sum. Your personal representatives will do this when a death grant is paid. The lump sum and death benefit allowance is used up when any of these lump sums are paid:

  • pension commencement lump sum
  • uncrystallised funds pension lump sum
  • stand-alone lump sum
  • serious ill health lump sum (paid before age 75)
  • lump sum death benefit.

Transitional protection

If you took payment of a pension before 6 April 2024, that pension used up part of your lump sum allowance and lump sum and death benefit allowance. Before the next time you take a lump sum, your pension scheme must work out how much of your allowances you have used. Under HMRC rules, they must assume that you took the maximum lump sum allowed.

For most members, this will have no effect on the lump sum they can take from the LGPS. The limits will generally only affect members who have built up very large pensions.

There is a process for members who took a pension or reached age 75 before 6 April 2024, if they did not take the maximum tax-free lump sum. They can apply for a transitional tax-free amount certificate:

  • the certificate includes the total lump sums that they have taken instead of the assumed amount
  • they must apply for the certificate before they take a pension lump sum after 6 April 2024
  • they can apply to any scheme they are a member of for a certificate. HMRC recommends applying to the scheme that is paying the first pension lump sum after 5 April 2024 or the scheme that is paying the biggest pension that started before 6 April 2024.

If you are thinking about applying for a transitional tax-free amount certificate, you may wish to seek specialist independent financial advice. Some members could be worse off if they apply than they would be without a certificate.

The lifetime allowance

Before 6 April 2024, the lifetime allowance limited the total amount of pension benefits a person could have before they paid extra tax. The Government reduced the lifetime allowance three times since it came into force in 2006. Each time it reduced, those people who had already built up large pensions could apply for protection from the reduction.

The lifetime allowance has now been replaced by the two lump sum limits described above. If you hold one of the lifetime allowance protections, your lump sum allowance and lump sum and death benefit allowance could be higher than the standard limits. You must let your pension fund know about any lifetime allowance protection you hold before you take a lump sum.

Applying for lifetime allowance protection

You can still apply to protect your pension lifetime allowance- This link opens in a new browser window by applying to HMRC for Fixed or Individual Protection 2016. The deadline for making an application is 5 April 2025. However, you will need to inform HMRC of the value of your pension savings on 5 April 2016 to apply for Individual Protection 2016. Your pension administrator was only obliged to provide you with this information up to 5 April 2020.

Although the lifetime allowance tax charge no longer applies, holding protection may still allow you take a larger tax-free lump sum.

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