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Aside from measures already announced - the introduction of the
50% tax rate from 6 April, restriction of higher rate tax relief
on pension contributions and 1% increases in National Insurance
(NI) from April 2011 - today's Budget announced a raft of
measures to counter planning designed to mitigate some of these
changes. As a result the options available for employers to
deliver tax-efficient remuneration to their employees could
narrow considerably in the future.
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Matt Ellis
Tax partner
+44 20 7007 6519 |
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In his Budget statement, Alistair Darling signalled specific
focus in three key areas - "Geared growth" share arrangements,
employee benefit trusts and alternative pension structures.
Consultation on these areas will take place during summer 2010
with new legislation expected in April 2011.
Unsurprisingly, if the tax costs for employment go up, employers
are keener to find ways to mitigate them. The Chancellor clearly
believes this is what is happening and today's announcement
shows that it will be harder and harder for employers to
implement tax efficient remuneration arrangements in the future.
Further, following consultation the Government has also rejected
requests to change the way it should implement pension tax
relief restrictions. The announcements from last year's Budget
and the Pre-Budget Report will be retained, and the Treasury
today published how it proposes in Finance Act 2010 to deal with
the restriction of pensions tax relief from April 2011.
Legislation up to then is already enacted.
From 2011/12 relief will be tapered down from 50% to 20% as
gross income increases from £150,000 to £180,000. The stepped
taper will be 1% of relief for every £1,000 of gross income.
Individuals with incomes over £180,000 will receive 20% - the same
as a basic rate tax payer. For money purchase schemes this will
be relatively easy to calculate. For defined benefit schemes the
proposal is that age-related factors will be used which
incorporate the impact of an individual's age and the pension
scheme normal retirement age. Pension schemes will need to
confirm to scheme members the deemed value of benefit each year.
In our view this is a missed opportunity to simplify the
original announcements which have caused significant confusion
for individuals and the industry. Taxation implications for high
earners of final salary schemes will be complicated and, as a
whole, may discourage formal pension saving.
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