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8 min read 6 Oct 21
A PLA provides a guaranteed income for life, in exchange for a lump sum.
A PLA is an annuity purchased from an insurer. Its terms must include a life contingency. Usually the annuity will be for life, but it could be for a term ascertainable by reference to life. For example:
Each annuity payment comprises a return of part of the capital plus a sum reflecting, in economic terms, interest.
PLA taxation uses the terms; 'capital element', an 'exempt sum', or an 'exempt proportion', depending on the circumstances.
The deemed capital element/exempt sum/exempt proportion is free of UK income tax as this is simply a return of the purchaser’s capital.
The remaining portion of each annuity payment is deemed to be taxable savings income.
The approach reflects the amount of exempt capital comprised within each of the annuity payments. In broad terms, the exempt capital amount is obtained by dividing the purchase price of the annuity by the subject's life expectation, determined according to prescribed mortality tables.
This is often described as a partial exemption scheme.
The term PLA is defined for the purposes of the partial exemption scheme as an annuity;
It includes 'guaranteed' and 'temporary' annuities.
Certain categories of annuity are excluded from the partial exemption scheme.
For clarity, for a PLA to qualify as being within the partial exemption scheme (the capital element to be paid tax free) it cannot be purchased because of the terms of a will or settlement
The capital element cannot be paid tax free where;
However HMRC states, in regards to proceeds from a will, the annuity will not be barred from exemption where:
The legislation prescribes the amount of each annuity payment that is treated as exempt from income tax.
UK tax is charged on the amount of annuity payments arising in the tax year, subject to the special rules on foreign income. It is charged on the person receiving or entitled to the payments, with credit given for any tax deducted by the payer.
No tax is charged under the scheme on the exempt capital element.
The term of every PLA is dependent on the duration of human life by definition. The amount of the annuity payments may also be so dependent. And either term or amount may or may not be dependent on some other contingency.
If the amount of the annuity payments depends solely on the duration of human life, a constant proportion of each annuity payment is exempt, called the exempt proportion.
If the amount of the annuity payments does not depend solely on the duration of human life, because it is subject to some other contingency, a constant sum is exempt, called the exempt sum.
It is possible in some circumstances, for the exempt sum to exceed a particular annuity payment. In that case, the excess exempt amount is carried forward.
The method of calculating the exempt proportion or exempt sum depends on whether, as will usually be the case, the term of the annuity is solely dependent on the duration of human life, and not on some other contingency.
If the annuity term is solely dependent on the duration of human life, the following formulae are used:
This formula applies where both the term and the amount of the annuity payments are solely dependent on the duration of human life and not on any other contingency. This is the most common kind of PLA. The amount of payment may change, but only in a specified fashion. This might be under a stepped annuity, where the payments increase by a pre-determined fraction at intervals, or, if written on two lives, might reduce on the first death.
In this case:
Exempt proportion = AP x PP/AV
AP = the annuity payment
PP = purchase price of the annuity
AV = actuarial value of the annuity payments.
The actuarial value of the annuity payments is their value at the date when the first of the payments starts to accrue.
It is determined:
If for any reason it is not possible to determine the actuarial value by reference to the prescribed tables, the value is to be determined and certified by the Government Actuary Department.
This formula applies where
In this situation, the amount of the annuity payment may change in an unpredictable way, which makes actuarial techniques impractical. So the exempt part of each annuity payment is calculated as a constant sum.
A common example of this type of annuity is one whose payments are linked to the value of the retail prices index. It is this type of annuity that may give rise to the situation where the exempt sum may in the early stages exceed the annuity payments.
In this case:
Exempt sum = PP x 1/TY x PM/12
PP = purchase price of the annuity
TY = expected term of the annuity in years, including odd fractions of a year
PM = the period in months, including odd fractions of a month, in respect of which an annuity payment is made.
The expected term of the annuity is the period from the date the first payment starts to accrue to the date the last payment is expected to be payable. It is determined:
Again if for any reason it is not possible to determine that actuarial value by reference to the prescribed tables, the value is to be determined and certified by the Government Actuary Department.
If, exceptionally, the annuity term is dependent on some other contingency in addition to that of human life, the exempt proportion or exempt sum is calculated on a just and reasonable basis, having regard to both the additional contingencies and the relevant formula.
If both the amount of the annuity payment and the annuity term are dependent on non-life contingencies, the exempt sum method is used for income tax purposes.
The above assumes that the owner of the PLA is a UK resident individual.
UK resident companies investing in a PLA will be taxed under the loan relationship rules.
UK resident insurers are obliged to deduct tax at source from the income/interest element.
A PLA from a foreign payer can still have an exempt capital amount, but overseas payers must meet certain information requirements as to the basis of the calculation. The payment is of course received without deduction of tax and UK tax on the income element is paid through self-assessment.
The HMRC analysis is:
'The capital element of a purchased life annuity within the meaning of ITTOIA 2005/S423 purchased on or after 13 November 1974 is not regarded as part of the transferor's income for the purposes of the exemption in accordance with IHTA84/S21(3).'
IHTA 1984 section 21(3) states:
(3) So much of a purchased life annuity (within the meaning of section 423 of the Income Tax (Trading and Other Income) Act 2005 as is, exempt from income tax under section 717 of that Act , shall not be regarded as part of the transferor's income for the purposes of this section.
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