Hello
I have a pension via my company. I made an innocent change on their app (which I thought was part of pension tool scenario calculator). Unknowingly to me, more than 50% of my pension was moved overnight into other funds - I was given no direct notification. I discovered a year later when my pension took a significant dip and after investigation found out that what I thought was part of the scenario calculator was not and had made a switch of funds that had made big losses. I spoke with the pension regulator who said there were inadequate controls and told me the complaints process I should follow. After, following the complaints process the reject the complaint twice.
I then sought other mediation. I lost over £100k and the eventually agreed to give me circa 50% as a settlement. The agreement states that there had been a dispute and whilst not accepting responsibility they will give the settlement due to the dispute. I have been advised to take it.
They will pay it to me direct. Is this taxable? I have read various articles that say mis sold pensions, admin errors etc compensation/settlements are in general "capital gains" but not taxable upto 500k but to take advice as every scenario may be different.
Obviously, my settlement is a lot less than what was in my pension pot. And even if I were (under ordinary circumstances) withdraw the equivalent amount that I lost - even at the higher rate of tax it would be more than my settlement amount. I feel its unfair if I had to pay tax on it.
I have searched high and low to get an expert who can examine the case and give a professional opinion that I can use infront of hmrc but not found anyone.
I would grateful for any initial feedback and for recommendations of a tax specialist in this area.
Many thanks.
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