LTA Allowance Tax charge

how does HMRC decide what is a lump sum (taxed at 55%) and what is regular income (taxed at 25%)?

Does the client have to take a set level of income each month and if they exceed that they are taxed at 55%? that seems unlikely, but in theory the client could then take for example 50% of the fund one month and then a lower amount going forward and claim its regular income?

Might it have something to do with GAD limits?

Comments

  • In reality, it's a one-time deal to take the lump sum.

    Every other method of withdrawal (Annuity/Drawdown) will be taxed via PAYE and so the 25% penalty will be applied in that case.

    In other words, unless you've specifically instructed the excess to be paid to the client, you're in 25% territory.

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