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Simplification is the key - Centre for Policy Studies

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Many savers are particularly bewildered by <strong>the</strong> tax treatment of life bonds, 51 which are<br />

taxed very differently to pension funds. A life bond commingles long-term investment<br />

with a single premium life assurance policy, and it <strong>is</strong> th<strong>is</strong> latter feature that provides life<br />

funds with <strong>the</strong>ir “non-qualifying” tax status. 52 Th<strong>is</strong> <strong>is</strong> in spite of <strong>the</strong> life assurance element<br />

of <strong>the</strong> investment being very small (i.e. less than 1% of <strong>the</strong> amount invested).<br />

Consequently, life funds pay tax but can deduct <strong>the</strong> expenses of writing new business<br />

against capital gains, <strong>the</strong>reby reducing <strong>the</strong>ir effective tax rate on gains to less than 20%<br />

(industry numbers range from 15% to 18%). Conversely, pension funds do not pay tax, and<br />

<strong>the</strong>re<strong>for</strong>e cannot offset <strong>the</strong>ir expenses.<br />

HMRC treats life bond investors as if full basic rate tax has been paid, a benefit that<br />

insurance companies are keen to point out via “technical notes” to investors when selling<br />

investment bonds against o<strong>the</strong>r investment funds. But <strong>the</strong>se notes never d<strong>is</strong>close <strong>the</strong><br />

rate of tax that <strong>the</strong> life fund could expect to pay in <strong>the</strong> future, because it varies,<br />

depending on <strong>the</strong> financial position of <strong>the</strong> insurance company. Th<strong>is</strong> leaves <strong>the</strong> investor<br />

(or h<strong>is</strong> adv<strong>is</strong>er) to guess <strong>the</strong> true extent of <strong>the</strong> benefit. More complexity to wrestle with.<br />

Finally, tax relief adds to complexity because product design <strong>is</strong> often driven by <strong>the</strong> need<br />

to maxim<strong>is</strong>e tax benefits ra<strong>the</strong>r than meet customer need. Why, <strong>for</strong> example, are life<br />

insurance policies embedded into savings products which are regularly sold to trusts<br />

designed to benefit children? The answer <strong>is</strong> related to tax and, h<strong>is</strong>torically, sales<br />

comm<strong>is</strong>sion (<strong>the</strong> latter will end once <strong>the</strong> Retail D<strong>is</strong>tribution Review 53 has been<br />

implemented).<br />

2.4 Taking income in retirement: more complexity<br />

Individuals retiring with appropriate pension rights can commute up to 25% of <strong>the</strong>ir<br />

pension fund as a tax-free lump sum. Thereafter, but prior to reaching <strong>the</strong> age of 75,<br />

retirement savings must ei<strong>the</strong>r be used to purchase a lifetime annuity 54 or be taken as<br />

unsecured income. 55<br />

51<br />

52<br />

53<br />

54<br />

55<br />

Life bonds are also known as investment bonds which, confusingly, are nothing to do with <strong>the</strong> (fixed<br />

income) bond market.<br />

The Taxes Act 1988 specifies that single premium life assurance policies cannot be “qualifying” policies.<br />

The underlying fund <strong>is</strong> <strong>the</strong>re<strong>for</strong>e taxed on investment income and capital gains under <strong>the</strong> special rate of<br />

corporate tax applicable to life assurance companies: 20%.<br />

See Sections 4.7 and 4.8.<br />

The May 2010 Coalition Agreement proposed <strong>the</strong> abandonment of compulsory annuit<strong>is</strong>ation at 75.<br />

Introduced in <strong>the</strong> Finance Act 2004 after <strong>the</strong> Plymouth Brethren objected on religious grounds to<br />

compulsory annuit<strong>is</strong>ation (which <strong>is</strong> against EU law).<br />

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