Reaching age 75: FAQs - Royal London for advisers (2024)

Published 15 March 2024

4 min read

We look at reaching age 75 in our series of top five FAQs on pensions technical topics.

On death after age 75 how are death benefits taxed if paid to an individual?

Regardless of whether the benefits are uncrystallised or in drawdown after age 75, the beneficiary will be subject to income tax on any benefits taken.

Death after age 75 is not a relevant benefit crystallisation event as no tax-free benefits can be paid on death after age 75.

Death benefits from April 2015

Can you take a pension commencement lump sum after age 75?

Yes. If the product allows the individual to remain invested after age 75 then it is possible to take a pension commencement lump sum after age 75.

Care should be taken as on death after age 75 as any benefits taken are taxable, there is no tax-free element. The right toa pension commencement lump sumends when the individual dies. It does not pass to a beneficiary.

It is important to look at all taxes that can apply, if a pension commencement lump sum is taken. If the individual dies before the money is spent, they may be a liability to an inheritance tax charge, which may be more than the income tax charge on beneficiary drawdown.

If the benefits are paid to a discretionary trust on death after age 75 what tax charge applies?

The provider will deduct a tax charge of 45% before paying the benefits to the trust.

This charge can be used as a tax credit by the ultimate beneficiary of the trust assets to offset their own income tax liability.

PTM073010: Death benefits: lump sums: tax on authorised lump sum death benefits(opens in a new window)

What relevant benefit crystallisation events can occur on or after age 75?

Since the abolition of the lifetime allowance there are only 2 relevant benefit crystallisation events that can happen on after an individual’s 75th birthday

An individual becoming entitled to:

  • a pension commencement lump sum, or
  • an uncrystallised funds pension lump sum

It is only the tax-free element of the uncrystallised funds pension lump sum that counts against the lump sum allowance and the lump sum and death benefit allowance.

Why don’t lump sum death benefits paid on death after age 75 not count against the lump sum and death benefit allowance?

No benefits paid on death after age 75 are tax-free and it is only tax-free benefits that are tested against the lump sum and death benefit allowance.

Disclaimer

The information provided is based on our current understanding of the relevant legislation and regulations and may be subject to alteration as a result of changes in legislation or practice. Also it may not reflect the options available under a specific product which may not be as wide as legislations and regulations allow.

All references to taxation are based on our understanding of current taxation law and practice and may be affected by future changes in legislation and the individual circ*mstances of the investor.

Reaching age 75: FAQs - Royal London for advisers (2024)

FAQs

What happens to my drawdown pension when I reach 75? ›

This means if you die before age 75 with all or some of your pension fund still invested, it will pass to your beneficiaries tax-free. If you're 75 or over when you die, your beneficiaries can either draw money from the pension as an income, or take the fund as a lump sum. Both options will be taxed.

Can you still take tax-free cash after age 75? ›

After 75, it can only be paid from unused funds and would be subject to income tax at the member's marginal rate. Disqualifying pension credit following divorce - No tax-free cash can be paid where a pension credit is derived from a pension already in payment (as tax-free cash will have already been paid out).

Can I make pension contributions after age 75? ›

It's possible to continue to contribute to a pension plan after age 75, but there's no tax relief available, as a result many providers do not accept contributions after age 75.

What is the age 75 rule? ›

If the product allows the individual to remain invested after age 75 then it is possible to take a pension commencement lump sum after age 75. Care should be taken as on death after age 75 as any benefits taken are taxable, there is no tax-free element.

What is drawdown test at age 75? ›

The second test at age 75 BCE5A looks at any funds that are still in drawdown. From the current value of the drawdown funds you deduct the amounts that were first placed into drawdown through BCE1. This test therefore considers the increase in the value of the drawdown funds.

What is the rule of 75? ›

Rule of 75

This rule states that you must be a minimum of 55 years of age and have a minimum of 10 years of full-time service without any intervening breaks in service*; if you meet both minimums, then the total of your age and years of service must equal at least 75. Age and years of service must be in whole years.

How much money can a 75 year old make without paying taxes? ›

If you are at least 65, unmarried, and receive $15,700 or more in nonexempt income in addition to your Social Security benefits, you typically need to file a federal income tax return (tax year 2023).

At what age do seniors stop paying federal taxes? ›

Taxes aren't determined by age, so you will never age out of paying taxes. Basically, if you're 65 or older, you have to file a tax return in 2022 if your gross income is $14,700 or higher.

Is it better to take a lump sum or monthly pension? ›

Key Takeaways. Pension payments are made for the rest of a retiree's life. Lump-sum distributions allow individuals to spend or invest the money. People who take a lump sum may outlive their money, while traditional pension payments continue until death.

Why is my drawdown pension losing money? ›

The COVID pandemic, war in Ukraine, higher energy prices, inflation, and rising interest rates, have created instability in the markets and reduced the value of investments and pension funds. And this may have had a knock-on effect on the value of your pension.

What is the rule of thumb for pension drawdown? ›

A popular rule for pension savers is to take 4% of the value of their fund in the first year of withdrawals and increase that by the rate of inflation each year. This is supposed to last a typical retiree 30 years.

Can I withdraw my drawdown pension? ›

Income drawdown lets you take an income from your pension pot, while the rest is left invested. You should check with your pension provider to see if they offer income drawdown - some won't offer it. There are no restrictions on the amount you can take using income drawdown.

What is the average return on a drawdown pension? ›

For most people going into drawdown, a £1m pension pot will provide you with an income of £40,000+ per year, rising with inflation. This reflects a 4% withdrawal rate per year – explained more fully later on. However, it's not without risk. If you take out too much, too quickly – you risk running out of money too soon.

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