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Finance Act 2004

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This is the original version (as it was originally enacted).

215Amount of charge

(1)The lifetime allowance charge is a charge in respect of the chargeable amount.

(2)The lifetime allowance charge is a charge—

(a)at the rate of 55% in respect of so much (if any) of the chargeable amount as constitutes the lump-sum amount, and

(b)at the rate of 25% in respect of so much (if any) of the chargeable amount as constitutes the retained amount.

(3)The “chargeable amount” is the aggregate of—

(a)the basic amount, and

(b)any amount which is treated as forming part of the lump-sum amount under subsection (6) or of the retained amount under subsection (8).

(4)The “basic amount”—

(a)if the first lifetime allowance condition is met, is the amount by which the amount crystallised by the benefit crystallisation event exceeds the amount of the individual’s lifetime allowance available on it, and

(b)if the second lifetime allowance charge condition is met, is the amount crystallised by the benefit crystallisation event.

(5)The “lump-sum amount” is the aggregate of—

(a)so much of the basic amount as is paid as a lump sum to the individual or a lump sum death benefit in respect of the individual, and

(b)any amount which is treated as forming part of the lump-sum amount under subsection (6).

(6)If and to the extent that the tax payable under this section on any of the lump-sum amount is covered by a scheme-funded tax payment, it is to be treated as itself forming part of the lump-sum amount.

(7)The “retained amount” is the aggregate of—

(a)so much of the basic amount as is not paid as a lump sum to the individual or a lump sum death benefit in respect of the individual, and

(b)any amount which is treated as forming part of the retained amount under subsection (8).

(8)If and to the extent that the tax payable under this section on any of the retained amount is covered by a scheme-funded tax payment, it is to be treated as itself forming part of the retained amount.

(9)An amount of tax payable under this section is “covered by a scheme-funded tax payment” if—

(a)the tax is paid by the scheme administrator, and

(b)the individual’s rights under the pension scheme are not reduced so as fully to reflect the amount of the payment of tax.

(10)Whether the individual’s rights under the pension scheme are reduced so as fully to reflect the amount of the payment of tax is to be determined in accordance with normal actuarial practice.

(11)The chargeable amount is not to be treated as income for any purpose of the Tax Acts.

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