Our regular roundup of the latest pensions news. This
month we look at changes to transfer rights, disclosure requirements for
members accessing their benefits flexibly, VAT treatment of pension
fund management services and proposed changes to automatic enrolment.
Transfer rights amended by Pension Schemes Bill
The Pension Schemes Bill has finished its stages through the House of
Commons and is due to have its second reading in the House of Lords on
16 December 2014. The Bill brings in changes to legislation that are
necessary to facilitate the defined contribution (DC) flexibility
introduced under the Pensions Taxation Bill (see
November’s Headlines).
The Bill’s key change is to extend a member’s right to transfer money
purchase and cash balance benefits up until the point that they are
used to purchase a pension (or are designated for drawdown) - thereby
allowing such members to transfer at retirement to a more flexible DC
arrangement. This easement will not be apply to members with defined
benefits (DB), who – broadly as now – only have a right under the
legislation to transfer their DB rights up to a year before their normal
pension age, although schemes can choose to allow their members to
transfer up until retirement.
Safeguards will be put in place to protect schemes against the cost of repeated requests to transfer:
- The member must have ceased accruing the benefits that they wish to transfer.
- The member will also need to take independent financial advice
if they wish to transfer DB rights in order to access flexibility.
Usually, the member will need to pay for this advice, but, in a welcome
easement, where the employer meets the cost, the member will not be
taxed on this provided certain conditions are met.
The Bill also introduces new definitions of scheme type with a view
to implementing shared risk schemes and collective DC schemes.
Disclosure burden softened by Taxation of Pensions Bill changes
The Government has agreed to modify the proposed duties on members to
disclose the fact that they have flexibly accessed defined contribution
(DC) benefits under the new regime operating from April 2015.
When a member first accesses DC funds flexibly, for example by taking
part or all of their fund in a scheme as a taxable lump sum, they must
notify other schemes of which they are a member, within a set period.
This is to ensure that those other schemes are aware that any subsequent
contributions paid by or in respect of the member to DC arrangements
will be subject to the reduced £10,000 annual allowance. There is an
initial £300 fine on the member for failure to do so, with powers to
levy fines daily for ongoing failure.
The original proposal would have required members to recall and
inform all schemes with which they have pension savings within 31 days
(see last month’s
Briefing).
The Government has now acknowledged this was unnecessarily onerous and
has made two amendments. The first increases the timescale to 91 days
and the second restricts the schemes that need to be informed to those
in which the member is accruing DC or cash balance rights (i.e. an
active member). The changes are due to be considered at Report Stage of
the Taxation of Pensions Bill, but given that they are not politically
contentious and are Government amendments, they are unlikely to be
defeated.
Simplifying the auto-enrolment process
The Department of Work and Pensions (DWP) is consulting on changes
that it says will make it easier for employers to continue using their
defined benefit (DB) schemes to meet the quality test for automatic
enrolment when contracting out ceases in April 2016.
Employers using a non-contracted out DB scheme for auto-enrolment
must satisfy the test scheme standard (TSS) in relation to that
jobholder or a new ‘cost of accruals’ test. The optional new test will
require a minimum contribution rate that will broadly represent the cost
of providing TSS benefits – the principal version requiring that the
cost of accrual is at least 10% of qualifying earnings but with limited
variations for DB schemes that use a different definition of pensionable
earnings.
The DWP is also proposing to reduce the amount of information that
must be provided by the employer to its employees. In particular, it
has concluded that the requirement to send information to employees who
are already active members of the scheme is of “little benefit to them
or the employer”. Employers will not be obliged to change their existing
processes.
The draft regulations will also enable employers to choose whether or
not to automatically enrol certain categories of employees, namely:
- Those in a notice period
- Those who have chosen to leave their qualifying scheme within the previous 12 months
- Those who the employer has reason to believe have any form of lifetime allowance protection
- Former employees who are re-employed within 12 months of being paid a winding-up lump sum.
The same options apply in relation to re-enrolment.
The consultation runs to 9 January 2015, with final regulations planned to take effect in April 2015.
VAT Treatment of pension fund management services
Her Majesty’s Revenue & Customs (HMRC) has published guidance on
the VAT treatment of pension fund management costs following two rulings
by the Court of Justice of the European Union; the Danish ATP case and
the Dutch PPG case. The guidance raises the prospect of VAT refunds and
VAT exemption but, in some cases, additional VAT costs. In both cases,
the implications will depend on the scheme‘s VAT profile and its
arrangements with the employer therefore any changes will need to be
considered by their tax advisers.
Brief no.43
relates to the PPG case and sets out HMRC’s position on the extent to
which employers can recover VAT on services relating to schemes they
sponsor. HMRC will no longer differentiate between ‘general management’
costs and ‘investment management’ costs, having previously allowed
employers to recover VAT only in relation to the former. They also
confirm that former 70/30 split will disappear after a transitional
period. Employers may now be able to recover all of the VAT on all types
of service but only where the “services in question are supplied to the
employer”. HMRC state that this is likely to be the case where
employers are a party to the contract for the service, the service is
provided to them and they pay for it. However, there is a risk that
none of the VAT relating to services will be reclaimable if HMRC’s
conditions are not met. Consequently, employers and trustees will need
to consult their tax advisers to review their current arrangements,
decide whether retrospective VAT claims may be made and determine the
most appropriate way to arrange for payment of services in future. HMRC
has stated that it will provide further details in an updated version of
VAT Notice 700/17.
Brief no.44
is concerned with whether defined contribution (DC) schemes qualify as
Special Investment Funds for VAT purposes. It follows the ATP case in
which it was held that DC schemes could be considered a ‘special
investment fund’ and so management and administration services for these
schemes could be exempt from VAT. HMRC has accepted that DC pension
funds will be exempt if they are solely funded by the members, the
members bear the investment risk, the fund contains several customers’
contributions and the risk is spread across a range of securities. The
Brief leaves some questions unanswered and trustees of DC schemes and
schemes with a DC element should consult their tax advisers to consider
their position in the light of the HMRC’s statement.
Culled from Towers Watson