Pension transfer

In a few months’ time one of my clients will become eligible to a pension. He is a higher-rate taxpayer but his wife only has some investment income that is covered by her personal allowances.

While discussing his 2013/14 tax return we considered future liabilities and the client asked whether he could transfer the pension to his wife to reduce the tax liability.

The obvious answer seemed to be “no” but ITEPA 2003 s 579C states: “The person liable for any tax charged under this Part is the person receiving or entitled to the pension under the registered pension scheme.”

Can he simply arrange for the pension to be paid into his wife’s bank account? Would it make any difference if they were not married? I would be grateful for any advice because this could make a substantial difference to his tax liability.

Query 18...