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Legislation
Finance Act 2004

Crossheading Annual allowance charge

  • Section 227 Annual allowance charge
  • Section 227ZA The chargeable amount
  • Section 227A Individuals who meet flexible drawdown conditions
  • Section 227B The alternative chargeable amount
  • Section 227C Meaning of “money-purchase input sub-total”
  • Section 227D Pension input amounts in respect of certain hybrid arrangements
  • Section 227E Pension input periods ending before rights are first flexibly accessed
  • Section 227F Pension input periods in which rights are first flexibly accessed
  • Section 227G When pension rights are first flexibly accessed
  • Section 228 Annual allowance
  • Section 228ZA Tapered reduction of annual allowance: high-income individual
  • Section 228ZB Anti-avoidance in connection with section 228ZA
  • Section 228A Carry forward of unused annual allowance
  • Section 228B Carry forward: certain periods treated as pension input periods
  • Section 228C Annual allowance for, and carry-forward from, 2015-16
  • Section 229 Total pension input amount
  • Section 230 Cash balance arrangements
  • Section 231 Cash balance arrangements: uprating of opening value
  • Section 232 Cash balance arrangements: adjustments of closing value
  • Section 233 Other money purchase arrangements
  • Section 234 Defined benefits arrangements
  • Section 235 Defined benefits arrangements: uprating of opening value
  • Section 236 Defined benefits arrangements: adjustments of closing value
  • Section 236ZA Defined benefits arrangements: public service pension schemes
  • Section 236A Post-entitlement enhancements
  • Section 237 Hybrid arrangements
  • Section 237ZA Pension input amounts for input periods ending in 2015-16
  • Section 237A Liability of individual
  • Section 237B Liability of scheme administrator
  • Section 237BA Time limit for notices under section 237B
  • Section 237C Exceptions
  • Section 237D Discharge of scheme administrator's liability
  • Section 237E Consequential benefit adjustments to be reasonable etc
  • Section 237F Power to modify rules
  • Section 238 Pension input period : arrangement commencing before 9 July 2015
  • Section 238ZA Pension input periods from 9 July 2015 for existing arrangement
  • Section 238ZB Pension input periods for arrangement commencing after 8 July 2015
  • Section 238A Power to make orders about charge
  1. Annual allowance charge
  2. Tapered reduction of annual allowance: high-income individual

Section 228ZA | Tapered reduction of annual allowance: high-income individual

From legislation.gov.uk

(1)If the individual is a high-income individual for the tax year, the amount of the annual allowance for the tax year in the case of the individual is the amount specified for the tax year by or under section 228 reduced (but not below £10,000) by—

Formula

(AI−£260,000)×12

where AI is the individual's adjusted income for the tax year.

(2)If the amount of the reduction under subsection (1) would otherwise not be a multiple of £1, it is to be rounded down to the nearest amount which is a multiple of £1.

(3)The individual is a “high-income individual” for the tax year if—

(a)the individual's adjusted income for the tax year is more than £260,000 and

(b)the individual's threshold income for the tax year is more than the amount given by £260,000 minus the amount specified for the tax year by or under section 228.

(4)The individual's “adjusted income” for the tax year is—

(a)the individual's net income for the year (see Step 2 of the calculation in section 23 of ITA 2007), plus

(b)the amount of any relief under section 193(4) or 194(1) deducted at that Step, plus

(c)the amount of any deductions made from employment income of the individual for the year—

(i)under section 193(2), or

(ii)under Chapter 2 of Part 5 of ITEPA 2003 in accordance with paragraph 51(2) of Schedule 36, plus

(d)an amount equal to—

(i)the total pension input amount calculated in accordance with section 229(1), less

(ii)the amount of any contributions paid by or on behalf of the individual during the year under registered pension schemes of which the individual is a member, less

(e)the amount of any lump sum death benefit which is subject to the charge to tax on pension income under Part 9 of ITEPA 2003 (pension income) in the tax year.

(5)The individual's “threshold income” for the tax year is—

(a)the individual's net income for the year (see Step 2 of the calculation in section 23 of ITA 2007), plus

(b)any amount by which what would otherwise be general earnings or specific employment income of the individual for the year has been reduced by relevant salary sacrifice arrangements or relevant flexible remuneration arrangements, less

(c)the amount (before any deduction under section 192(1)) of any contribution paid in the year in respect of which the individual is entitled to be given relief under section 192 (relief at source), less

(d)the amount of any lump sum death benefit which is subject to the charge to tax on pension income under Part 9 of ITEPA 2003 (pension income) in the tax year.

(6)In subsection (5)—

“relevant salary sacrifice arrangements” means arrangements—

(a)under which the individual gives up the right to receive general earnings or specific employment income in return for the making of relevant pension provision, and

(b)which are made on or after 9 July 2015 (and whether before or after the start of the employment concerned), and

“relevant flexible remuneration arrangements” means arrangements—

(a)under which the individual and an employer of the individual agree that relevant pension provision is to be made rather than the individual receive some description of employment income, and

(b)which are made on or after 9 July 2015 (and whether before or after the start of the employment concerned).

(7)In subsection (6) “relevant pension provision” means the payment of contributions (or additional contributions) to a pension scheme in respect of the individual or otherwise (by an employer of the individual or any other person) to secure an increase in the amount of the benefits to which the individual or any person who is a dependant of, or is connected with, the individual is actually or prospectively entitled under a pension scheme.

(8)In subsection (7) “increase” includes increase from nil.

(9)Section 993 of ITA 2007 (meaning of “connected” persons) applies for the purposes of subsection (7).

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