Contributions
Unlike many personal pension schemes, there is no commitment to regular contributions. If the investor’s circumstances or employment change or they can no longer contribute to the SIPP, there are no penalties levied. In fact, the fund is preserved, tax free status remains and, because the HD SIPP is so flexible, contributions can re-start when suitable, or the fund can be transferred to another provider. Contributions can be paid by cheque or standing order. The HD SIPP application form includes a standing order instruction. Cheques should be made payable to “HD SIPP Account’ and sent to HD Administrators LLP.
Contributions benefit from tax relief at the highest marginal rate of tax payable by the contributor. They can be paid by individuals or companies and there are different rules governing the maximum amounts payable each year, and the method for obtaining tax relief.
For you to be allowed to pay contributions to an HD SIPP (or have contributions paid on your behalf), you must satisfy one of the following criteria:
Have relevant UK earnings chargeable to income tax for that tax year
Be resident in the United Kingdom at some time during that tax year
Were resident in the UK at some time during the five tax years immediately before the tax year in question and they were also resident in the UK when they joined the pension scheme, or
Have for that tax year general earnings from overseas Crown employment subject to UK tax (as defined by section 28 of the Income Tax (Earnings and Pensions) Act 2003), orBe the spouse or civil partner of an individual who has for the tax year earnings from overseas Crown employment subject to UK tax
This is known as being a “Relevant UK Individual”. In accordance with standard industry practice, it is a requirement to confirm the source of wealth from where contributions originate.
Personal contributions
That is, Individuals, sole traders and partners are limited to a maximum of 100% of “relevant UK earnings” earnings per tax year, with a ceiling known as the Annual Allowance which is £255,000 for the years 2010/11 to 2015/16.
For subsequent years the Annual Allowance will be re-set by the Treasury at five yearly intervals.
The HD SIPP operates “Relief at Source” for personal contributions, which means the individual actually pays 80%* of the gross amount to be paid, and HD Administrators LLP reclaims the remaining 20% from HM Revenue and Customs. It can take 6 to 8 weeks for tax refunds to be received. Higher Rate taxpayers can reclaim a further 20% tax relief through their self assessment tax return.
* As at 2010/11
For the purposes of calculating maximum contributions, relevant UK earnings are defined as:
- Employment income such as salary, wages, bonus, overtime, commission providing it is chargeable to tax under Section 7(2) ITEPA 2003
- Income as a sole trader or a partner in a partnership, chargeable under Part 2 ITTOIA 2005, that is income derived from the carrying on or exercise of a trade, profession or vocation
- Income arising from patent rights and treated as earned income under section 833 (5B) ICTA 1988
- General earnings from an overseas Crown employment which are subject to tax in accordance with section 28 of ITEPA 2003.
Where relevant UK earnings are not taxable in the United Kingdom due to section 788 of ICTA 1988 (double taxation agreements), those earnings are not regarded as chargeable to income tax and so will not count towards the annual limit for relief.
Those with no earnings can still contribute up to £3,600 p.a. gross, and can even continue to do so for five tax years after ceasing to be resident in the UK.
Rules restricting how much high earners can pay into a pension were put in place in 2009. Anyone earning more than £130,000 can now only put a maximum of £20,000 a year into a pension, with some exceptions.
Please refer to your financial advisor for further information.
If contributions are overpaid, it will either be necessary to pay a 40% Annual Allowance tax charge which is declared through self-assessment, or for HD Administrators LLP to make a refund, and return excess tax relief claimed to HM Revenue and Customs.
It is important therefore to ensure contributions are not overpaid.
Company contributions
That is, Limited companies and Publicly Limited companies are restricted to the Annual Allowance each year, although there is no direct link to earnings. However, all company contributions must be deemed by the company’s Inspector of Taxes to be for the purposes of the trade of the company. Guidance can be obtained from HD Administrators LLP on this issue if required.
Corporation Tax relief is granted for company contributions by the Inspector of Taxes. The gross contribution must therefore be paid to the HD SIPP.
Please note: any application that exceeds £1m. must be referred to HD SIPP for pre-approval.
Transfers
The HD SIPP can accept transfers from any other Registered Pension Scheme. There may be circumstances where this is not in the individual’s best interests (for example, they may be giving up valuable guaranteed benefits from the transferring scheme), and this should be determined before proceeding.
The HD SIPP can accept transfers from other self-invested pension plans where pensions are already in payment, and can also accept transfers of assets other than cash from these arrangements (commonly known as transfers “in specie”). From August 2008 The HD SIPP can accept transfers of benefits which relate to contracting out of the State Second Pension (S2P) — formerly known as the State Earnings Related Pension Scheme (SERPS) and generally referred to as Protected Rights.
In some circumstances transfers can be made from or to overseas pension arrangements. Specific guidance is required on this.
There are no restrictions on transferring out of an HD SIPP, either as cash or in-specie at any time, provided the transfer is deemed by HM Revenue & Customs as a Permitted Transfer.
