A member, dependant, nominee or successor may use funds held in their drawdown pension to purchase a short-term annuity.
The income paid from a short-term annuity is taxed as the recipient’s income via PAYE.
It is possible to transfer to another provider only if the annuity was set up pre 6th April 2015
In order for HMRC to consider an annuity a short-term annuity the following conditions must be met:
The only ‘death benefit’ that can be included with a short-term annuity is a guarantee period of no longer than five years. If no guarantee period is set and the member dies within the term, the payments cease and the money used to purchase the annuity are lost.
A dependant’s, nominee’s or successor’s short-term annuity cannot include any guarantee period
If the short-term annuity is purchased from funds held in flexi-access drawdown there is no upper limit on the amount of income that can be paid.
If the short-term annuity is purchased from funds in capped drawdown there is an upper limit of 150% of the basis amount less any income being taken directly from the capped drawdown arrangement
EG – When Sophie, aged 55, designated £500,000 into capped drawdown pension on 1 June 2014 her scheme administrator calculated her basis amount as £20,000. Thus the maximum drawdown pension she can receive each year is £30,000.
At the start of her first pension year Sophie used funds from her capped drawdown pension and purchased a level short-term annuity of £10,000, payable for five years. Therefore, for the three year reference period she can take an additional:
At her review in 2017, Sophie is informed that her basis amount has reduced to £16,000. As a result, from 1 June 2017 the maximum income she can take each pension year from her capped drawdown pension will be £24,000. This means that the maximum income she can draw from her capped drawdown pension for the next two years (i.e. the remaining term of the short-term annuity) is:
Once the short-term annuity ends, Sophie will be able to draw up to £24,000 per scheme year directly from her capped drawdown pension. This will apply until her basis amount is reset at the start of her next reference period on 1 June 2020.
What would have happened at the start of her new reference period in 2017 if Sophie had secured the maximum income of £30,000 via a short-term annuity in year one?
Well, she would have had a maximum income of £24,000 but would have been receiving
£30,000 (i.e. £4,000 above the maximum). As a result Sophie’s scheme administrator would have changed Sophie’s capped drawdown pension to a flexi-access drawdown pension and she would immediately become subject to the MPAA rules.
Which of the following correctly show the HMRC rules that apply to a short-term annuity contract purchased by a scheme member on or after 6 April 2015?
You should select all correct answers
a) The guarantee period cannot exceed ten years.
b) It is possible to include an annuity protection lump sum.
c) It must be paid from an insurance company.
d) It must be paid at least once a year.
e) It must be purchased using funds held in a drawdown pension
A) No: The maximum guarantee allowed is five years.
B) No: Annuity protection cannot be included.
C) Yes.
D) No: This was a requirement before 6 April 2015 but, as a short-term annuity can (theoretically) be set up on a flexible basis, meaning income could (subject to contract terms and conditions) stop completely, this condition is no longer in place.
E) Yes.