Company Pension Sceme

Will Gilberson

Registered User
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I am 66 and retiring this year from my own company (I own 50% and will be selling my 50%)
I have 300,000 built up in PRSA's
There is €200,000 in cash in bank in the company. I have been employed as a director for 20 years. There is no company pension scheme set up
Can the company contribute 1.5 times my salary (100,000 x 1.5 = 150,000) to a newly set up Company Pension Scheme for me , and can I then immediately withdraw it as a Tax Free Lump Sum . Only purpose of setting up Comapny Pension Scheme would be to get Tax Free Lump Sum and result would be a loss in the company accounts in the current year, so that this loss could be carried forward to offset profits in future years
So in total , can I take 25% of 300,000 (75,000) in addition to the 150,000 from a Company Pension Scheme (i.e. 75,000 + 150,000) = 225,000 tax free

I know about CGT retirement relief, but I want the company to make a contribution, so it has a loss in the accounts, and can bring this loss forward against future CT Profits
This way I will benefit from Lump Sum Tax free Pension, and the Company going forward will benefit from reduction in CT by availing of Carried Forward Loss relief

Is above kosher and above board
Regards, Will
 
With 20 years salaried service your max tax free lump sum from the company pension would be 1.5 times final remuneration less retained lump sums. With 300K in the PRSA the calculation for the pension scheme would then be 1.5 *100,000 - 75,000 = €75,000 tax free.
Taking 25% tax-free from the PRSA leaves you with €150k tax free cash in total.

Then you need to do a funding test to make sure you can get this amount of €75K into the company pension in the first place. Based on the above info it sounds like you’d have sufficient scope. Then there is the classification of this as an ordinary annual contribution versus a special contribution for tax relief for the company. Your accountant should be able to help here.
 
With 20 years salaried service your max tax free lump sum from the company pension would be 1.5 times final remuneration less retained lump sums. With 300K in the PRSA the calculation for the pension scheme would then be 1.5 *100,000 - 75,000 = €75,000 tax free.
Taking 25% tax-free from the PRSA leaves you with €150k tax free cash in total.

Then you need to do a funding test to make sure you can get this amount of €75K into the company pension in the first place. Based on the above info it sounds like you’d have sufficient scope. Then there is the classification of this as an ordinary annual contribution versus a special contribution for tax relief for the company. Your accountant should be able to help here.
Thanks for reply
So just to confirm, the max tax free amount I can take from a company pension scheme, is reduced by any tax free amount I take from my PRSA pots?
 
What about a termination payment?

Still tax-deductible for the company and should be close-to tax-free for you;

Applying the SCSB formula:

(100,000 x 20/15) = €133,000
 
Thanks Gordon for your reply.
Unfortunately, statutory redundancy not an option as I am on S1 prsi
But am considering lump sum redundancy payment
Any other tax efficient payments company can do?
 
Thanks Gordon for your reply.
Unfortunately, statutory redundancy not an option as I am on S1 prsi
But am considering lump sum redundancy payment
Any other tax efficient payments company can do?

That is “lump sum redundancy” I’m referring to.
 
Hi Will,

Just making sure, I presume the company is a Ltd company, is it?.
As a Ltd company and a director that is where you have the options discussed.

Regards
David K
 
W
I am 66 and retiring this year from my own company (I own 50% and will be selling my 50%)
I have 300,000 built up in PRSA's
There is €200,000 in cash in bank in the company. I have been employed as a director for 20 years. There is no company pension scheme set up
Can the company contribute 1.5 times my salary (100,000 x 1.5 = 150,000) to a newly set up Company Pension Scheme for me , and can I then immediately withdraw it as a Tax Free Lump Sum . Only purpose of setting up Comapny Pension Scheme would be to get Tax Free Lump Sum and result would be a loss in the company accounts in the current year, so that this loss could be carried forward to offset profits in future years
So in total , can I take 25% of 300,000 (75,000) in addition to the 150,000 from a Company Pension Scheme (i.e. 75,000 + 150,000) = 225,000 tax free

I know about CGT retirement relief, but I want the company to make a contribution, so it has a loss in the accounts, and can bring this loss forward against future CT Profits
This way I will benefit from Lump Sum Tax free Pension, and the Company going forward will benefit from reduction in CT by availing of Carried Forward Loss relief

Is above kosher and above board
Regards, Will
I'll, what did you end up doing here - I. E what was the most efficient exit strategy?
Thanks
 
Still looking at it but have ruled out company pension scheme... There were too many questions unable to be answered definitively and probably cost of getting advice could outweigh savings benefit
 
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