HMRC Accused Of Over-Taxing Pension Withdrawals


HM Revenue & Customs had to repay more than £25m in excess income tax taken from pension savers who withdrew funds using pension freedoms in three months, Emma Hughes from FT reports.

HMRC revealed that in a three-month period it had processed more than 10,500 forms asking for a tax refund in respect of pension flexibility payments. This means the average tax repayment to someone using the pension freedoms was £2,550.

Tom McPhail, head of policy at Hargreaves Lansdown, said the government has designed its tax system for pension withdrawals around what works best for its tax inspectors rather than putting the consumer first.

He said the result of this is a system which causes confusion for pension investors, cash-flow problems and the risk they end up paying too much tax.

Mr McPhail said: “You wouldn’t let a private company get away with this so why is it OK for HMRC?”

Sir Steve Webb, former pensions minister and director of policy at Royal London, said: “It is outrageous that in just three months HMRC has over-taxed people by more than £26m.

“It cannot be acceptable to take thousands of pounds per person in excess taxes and then expect people to have to claim that money back.

“The rules need to be changed so that only basic rate tax is deducted and any extra tax due is collected through the normal tax return process.  This would be a far fairer system.”

HMRC requires the pension provider to apply tax on a “month one” basis which means it must assume that the sum withdrawn in the first month will be repeated every month. If the member withdraws £10,000, the scheme will therefore assume that their annual income will be £120,000 a year, and tax them accordingly.

In the case of a £10,000 withdrawal, the member would pay £3,099 in tax but if the member had no further taxable income that tax year, that £10,000 would be tax free.

Fiona Tait, technical director of Intelligent Pensions, said the figures demonstrate the unsuitability of using the emergency tax rules for payments made under pension freedoms.

She said: “When pension funds are withdrawn as an income the emergency tax rules do not have much impact however the idea that the proceeds of an entire pension fund are treated as if they will be paid each month is ridiculous and it should not be beyond the wit of HMRC to devise a way for consumers to indicate up front whether a pension payment is an income or one-off lump sum.

Quarterly statistics showed £1.86bn was withdrawn in the second quarter of 2017 and in total £10.8bn has been withdrawn from pensions since the pension reforms were introduced in April 2015

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Written by Colin Caulfield | Director

Colin is a Chartered Financial Planner & Pension Adviser Of the Year Read more >>

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2 comments on “HMRC Accused Of Over-Taxing Pension Withdrawals

  1. avatar
    Geoffrey Savage on said:

    Hi Colin
    Gem of an article. It beggars belief!
    HMRC have to not use too much wit at all to come up with a solution. Just make pension withdrawals tax free on withdrawal and declare it at the end of the year on your tax return. The system is already in place surely?


    • avatar
      Colin Caulfield on said:

      Hi Geoff, thanks for your comment.
      I’m afraid HMRC’s philosophy is to get the tax in as quickly as possible now and worry about over-payments later – even if it’s not due !!

      Shameful, I agree.


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