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Relevant life Policies

Presented by Michael Cooke
Supporting the Family


Death In Service
• ‘Registered’ –
    - Group Schemes
• ‘Non-Registered’
    - Stand Alone Relevant Life Policies


                       2
• Company pays

• No P11D charge

• Normally corporation tax relief on premiums

• Generally tax-free benefits under trust
BUT
• Not available for a smaller companies

• Not available on a single life basis

• Can be inflexible

• Come under pensions scheme rules

• Lifetime allowance trap for high earners
•   Premiums paid by the employer
     – No P11D charge on the employee (S247FA04)
     – No National Insurance Contribution charge on employee or employer
     – Subject to the local inspector of taxes accepting that the premiums are 'wholly
         and exclusively for the purpose of trade' as part of the remuneration of the
         employee, they may qualify for relief as a trading expense.
     – Do not form part of pension annual allowance
•   Benefits paid
     –   (usually) tax-free under a discretionary   trust
     – Do not form part of pension lifetime allowance
Who is it aimed at?


High earning employees
    - who don’t want their death-in-service benefits
      forming part of their lifetime allowance

Smaller employers
    - where there are too few employees for a group
      scheme or just the directors are to be covered

Topping up other scheme benefits
    - Where the holding group scheme is unwilling to
      offer enhanced benefits
Premium required by Joe                                  £1,000

Company Gross cost

Employees NIC @ 2%                                           34
Income Tax @ 40%                                            690
Employers NIC @ 13.8%                                       238
Total gross cost to company                              £1,962
Company Net cost

CT relief at 20%                                            392
Net cost of                                              £1,570

* Assumes 40% tax-paying employee and 20% corporation tax paying company. Tax rates 11/12
Premium now paid by company   £1,000   £1,000

Company Gross cost                                              36% -
Employees NIC @ 2%               34                            saving
Income Tax @ 40%                690       NIL
Employers NIC @ 13.8%
Total gross cost to company      238
                              £1,962   £1,000
Company Net cost

CT relief at 20%                 392            Assumes 40% tax-paying employee and 20%
                                                corporation tax paying company
Net cost of                   £1,570            *Corporation tax relief on relevant life
                                                policies assumes payment is acceptable to
                                                local tax inspector as trading expense
                                                Tax rates 11/12
Premium now paid by company   £1,000   £1,000

Company Gross cost                                              36% -
Employees NIC @ 2%               34                             49%
Income Tax @ 40%                690       NIL
Employers NIC @ 13.8%                                          saving
Total gross cost to company      238
                              £1,962   £1,000
Company Net cost

CT relief at 20%                 392     200    Assumes 40% tax-paying employee and 20%
                                                corporation tax paying company
Net cost of                   £1,570    £800    *Corporation tax relief on relevant life
                                                policies assumes payment is acceptable to
                                                local tax inspector as trading expense
                                                Tax rates 11/12
What are the restrictions?




• Benefits must provide a lump sum on death before 75

• No surrender value

• No other benefits can be provided

• Benefits payable via discretionary trust to dependants
  or charity

• Not to be set up for tax avoidance purposes




   Part of the Royal London Group
   A group of specialist businesses where the bottom line is always financial sense.
Setting Up RLP


                                 Company Insures employee




                         trust                               In the event
             discretionary
dependants




                                                               of death
                                    Claim paid to trustees       ONLY




                                      12
How does the trust work?



Discretionary trust

• Paid to dependants at the discretion of the trustees

• Nomination form can be used

• No income tax

• Paid free of inheritance tax
      Possible periodic charges may apply

• Must be issued under trust from outset


  Part of the Royal London Group
  A group of specialist businesses where the bottom line is always financial sense.
What cover?


• Normally the insurers will cover up to

                                  20 x remuneration
   Could include dividends, benefits in kind and bonus
   They will also require proof of income for £2 million +



Can be level, or increasing




Part of the Royal London Group
A group of specialist businesses where the bottom line is always financial sense.
Do we have a replacement policy option?




• We don’t need one as it is a single life policy

• The trustees just appoint policy back to employee

• Better and cheaper than most group scheme
  options
Transfer to a new employer




Can the policy be transferred to a new employer?

• Yes – the new employer just pays the premiums

• We would suggest a change of trustees
Who is it aimed at?


Not just for directors of limited liability companies –
but the life assured must be an employee of a:


• Sole trader

• Partnership

• Limited liability partnership

• Limited company

• Charity

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Guide to Relevant Life Policies

  • 2. Supporting the Family Death In Service • ‘Registered’ – - Group Schemes • ‘Non-Registered’ - Stand Alone Relevant Life Policies 2
  • 3. • Company pays • No P11D charge • Normally corporation tax relief on premiums • Generally tax-free benefits under trust
  • 4. BUT • Not available for a smaller companies • Not available on a single life basis • Can be inflexible • Come under pensions scheme rules • Lifetime allowance trap for high earners
  • 5. Premiums paid by the employer – No P11D charge on the employee (S247FA04) – No National Insurance Contribution charge on employee or employer – Subject to the local inspector of taxes accepting that the premiums are 'wholly and exclusively for the purpose of trade' as part of the remuneration of the employee, they may qualify for relief as a trading expense. – Do not form part of pension annual allowance • Benefits paid – (usually) tax-free under a discretionary trust – Do not form part of pension lifetime allowance
  • 6. Who is it aimed at? High earning employees - who don’t want their death-in-service benefits forming part of their lifetime allowance Smaller employers - where there are too few employees for a group scheme or just the directors are to be covered Topping up other scheme benefits - Where the holding group scheme is unwilling to offer enhanced benefits
  • 7. Premium required by Joe £1,000 Company Gross cost Employees NIC @ 2% 34 Income Tax @ 40% 690 Employers NIC @ 13.8% 238 Total gross cost to company £1,962 Company Net cost CT relief at 20% 392 Net cost of £1,570 * Assumes 40% tax-paying employee and 20% corporation tax paying company. Tax rates 11/12
  • 8. Premium now paid by company £1,000 £1,000 Company Gross cost 36% - Employees NIC @ 2% 34 saving Income Tax @ 40% 690 NIL Employers NIC @ 13.8% Total gross cost to company 238 £1,962 £1,000 Company Net cost CT relief at 20% 392 Assumes 40% tax-paying employee and 20% corporation tax paying company Net cost of £1,570 *Corporation tax relief on relevant life policies assumes payment is acceptable to local tax inspector as trading expense Tax rates 11/12
  • 9. Premium now paid by company £1,000 £1,000 Company Gross cost 36% - Employees NIC @ 2% 34 49% Income Tax @ 40% 690 NIL Employers NIC @ 13.8% saving Total gross cost to company 238 £1,962 £1,000 Company Net cost CT relief at 20% 392 200 Assumes 40% tax-paying employee and 20% corporation tax paying company Net cost of £1,570 £800 *Corporation tax relief on relevant life policies assumes payment is acceptable to local tax inspector as trading expense Tax rates 11/12
  • 10. What are the restrictions? • Benefits must provide a lump sum on death before 75 • No surrender value • No other benefits can be provided • Benefits payable via discretionary trust to dependants or charity • Not to be set up for tax avoidance purposes Part of the Royal London Group A group of specialist businesses where the bottom line is always financial sense.
  • 11. Setting Up RLP Company Insures employee trust In the event discretionary dependants of death Claim paid to trustees ONLY 12
  • 12. How does the trust work? Discretionary trust • Paid to dependants at the discretion of the trustees • Nomination form can be used • No income tax • Paid free of inheritance tax Possible periodic charges may apply • Must be issued under trust from outset Part of the Royal London Group A group of specialist businesses where the bottom line is always financial sense.
  • 13. What cover? • Normally the insurers will cover up to 20 x remuneration Could include dividends, benefits in kind and bonus They will also require proof of income for £2 million + Can be level, or increasing Part of the Royal London Group A group of specialist businesses where the bottom line is always financial sense.
  • 14. Do we have a replacement policy option? • We don’t need one as it is a single life policy • The trustees just appoint policy back to employee • Better and cheaper than most group scheme options
  • 15. Transfer to a new employer Can the policy be transferred to a new employer? • Yes – the new employer just pays the premiums • We would suggest a change of trustees
  • 16. Who is it aimed at? Not just for directors of limited liability companies – but the life assured must be an employee of a: • Sole trader • Partnership • Limited liability partnership • Limited company • Charity

Editor's Notes

  1. Self explanatory