PRSA when in reciept of state contributory pension

helpneeded

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I'm trying to determine if it makes sense for my father-in-law to invest in a pension (PRSA) in order to avail of tax benefits.

He's 69, and previously paid into a pension plan which he drew down all off when he was 60. Since then he's had all the proceeds of that sitting in a post office account (not sure of the tax wisdom of that at the time, but it's in the past.) He's not close to having drawn down €200k.

He now receives the state contributory pension (as does his wife). However he continues to work and receives a salary from his employer. He doesn't pay into any pension anymore. He plans to continue working for a few more years.

I'm aware that to claim tax relief upon paying into a PRSA, the source of income must be employment. So as far as I am aware, he can't use his contributory state pension to pay into the PRSA.

My question is how would revenue consider tax credits available to him and his wife? He pays enough tax (PAYE) on his total income, that he could pay in 40% of his employment salary to a PRSA and 20% of that is < than the total tax he pays (marginal rate not an issue for him)

If he didn't work and only drew the two pensions, then available tax credits would entirely cover his PAYE bill and he'd pay nothing. So if he could say that tax credits are all attributed to his pension income, he'd be paying enough tax on his salary to make setting up a PRSA for his remaining years of employment a worthwhile decision. However if revenue were to say that's incorrect and he should consider the tax credits against his salary, then he'd have minimal tax benefit and probably just lose out paying fees (as he'd only consider investing in a cash fund with minimum return as he's risk averse)

Zurich/Irish life tell me the product we want is available, but won't give any view on if the tax plan makes sense. As the reclaiming tax is the only reason to do this, I'm keen to understand before advising him to go with a PRSA!

Anyone have any insight or be able to point me to guidance!
 
The tax relief is always at the marginal rate. It doesn't matter what way his credits and bands are distributed. If his marginal rate is 40% he will get relief at this rate. If all his 40% marginal relief is used up he will get the remainder of relief at 20%. When he ceases employment and only has state pension he will have extra capacity in his 20% band so his extra pensions could be taxed at 20%.
 
Thanks, Are you saying that revenue will not do anything to ensure that employment salary (as opposed to other non-eligible incomes) is used to pay into PRSA? As long as he does have employment income and pays some tax that can be shielded, then he can utilise this tax relief?
 
Only pension contributions from earned income qualify for tax relief up to the usual age related limits.
 
Sorry, I'm still confused - let me try set out simple example

Jointly Assessed Couple

Income

2* contributory state pensions = €20k
Employment Income (1 person) = €30k.
total Income = €50k

Tax
PAYE (20% rate) = €50k * 20% = €10k

Less Tax Credits
PAYE (2 people) =(1650*2) = €3.3k
Married Tax Credit = €3.3k
Age Tax Credit = €0.5k
Total Credits = €7.1k

Tax payable = €2.9k


Am I right to say, that if he pays in the max allowable to a PRSA (€30k*40% = €12k)

He can then claim tax relief of 12k*20% = €2.4k?

Meaning his only PAYE payable would be €500?
 
That is correct. Tax relief is always at your marginal rate i.e. 20%. It doesn't matter how the credits are allocated. At the end of the year his tax balancing statement will calculate the correct tax relief. He might be due a tax refund if the the proper tax rates were not applied during the year. This can be checked out on 'myaccount' at the end of the tax year. If the PRSA payments are not taken directly from his wages he would have to claim the tax relief. This can be done on 'myaccount'. As far as I know the 'myaccount' will only allow the PRSA relief from the earned income total.

He will need to ensure that he takes the benefits from his PRSA before his 75 birthday.
If he doesn't do this his PRSA becomes vested and he will be severely restricted he what he can do with it.
 
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