Tag: Pensions

Your SSAS pension can provide for your family AND future generations too

You really are never to young to join a SSAS
Your small, self-administered pension scheme (SSAS) doesn’t just provide death and retirement benefits for its members in a tax efficient way – It can do way more for you and your family. Due to their restriction of having no more than 11 members, SSAS schemes are often favoured by smaller businesses where the company directors, family members and senior executives are the beneficiaries. Especially as they allow for members of the family who don’t work for the company to also be included.

Not only that, but a SSAS pension is an asset that can be passed down the family through the generations. Best of all, as a pension it’s legally protected from personal or company creditors so it’s a safe place for the long-term storage of assets.

The big benefit to your family
As investments are held in the names of all of the SSAS trustees, this common ownership means that each member of the SSAS holds a specific portion of the SSAS’s assets. This makes ownership of assets like properties far cheaper and simpler to deal with than they would be if the asset were shared between three or more self-invested pensions (SIPP). The other big benefit of a SSAS, is that individuals can choose their own investments, which is really handy if the business is involved in property or land. Also, where individuals are saving in order to invest in property or land, a SSAS can really help fulfil that ambition (see my previous blog on SSAS property purchase).

What happens when a member retires?
Once a member of the SSAS retires, they have the same options as any other member of a defined contribution pension scheme. This means that you can secure a guaranteed income, take an income from the fund or a combination of the two. If the SSAS is invested in property that is generating and income, this can effectively be remitted out to the member to support their retirement.

Flexibility when it comes to your retirement day
A SSAS allows entrepreneurs to delay the time that they start retirement, as they often retire later than those in employment. It also allows for early retirement from the age of 55 years. Your SSAS will even let you carry on working part-time, receiving some pension and some income at the same time.

Tax Efficient Death Benefits
SSAS benefits payable on death are not normally subject to inheritance tax. If the scheme member dies before the age of 75, their family members can inherit their fund and take tax free withdrawals for life. After the age of 75, payments are subject to income tax at the beneficiary’s normal income tax rate. The fund can be passed down through the generations as long as it lasts. Unlike a conventional non-pension trust, there is no limitation on how long the trust can last. So the pension fund could be providing valuable benefits to multiple generations of the family of the original members. Beneficiaries are immediately entitled to draw benefits and they do not need to wait until they are at least 55.

Other benefits of SSAS to family businesses
Your SSAS can also be a great way to increase your purchasing power, if you’re looking to accrue assets for the future. Please see my previous blogs on using your SSAS to borrow funds for property and stock purchases.

Get it right from day one
With something as complicated as a SSAS, it’s vitally important that you get the right kind of professional advice from a qualified and expert financial adviser who knows this area well. The wrong advice, or no advice at all, could result in significant tax penalties.

As always, we at Bridgewater Financial Services are here to provide expert and independent advice on any questions you have regarding A SSAS pension, or any other financial enquiries you may have.

Stay safe

Purchasing property with your company pension

Your SSAS pension and what it can do for you right now

If you read last weeks blog you’ll know all about how your small, self-administered pension schemes (SSAS) has a loanback facility that you can use to access much needed cash flow. If you haven’t read it, please do.

Well, the joys of your SSAS don’t stop there. It can also be used to purchase property. However, please read on carefully, as there are many do’s and don’ts associated with SSAS schemes and property purchase. Getting it wrong could end up costing you a great deal in tax. 

Who can and can’t be involved in the purchase

If you wish to, your pension scheme can purchase property with other parties such as your company, yourself or another pension scheme. It can even purchase property with an unconnected party. 

However, HMRC do require that the pension trustees obtain independent professional advice to confirm the market values regarding the purchase price or rental, if there is any connection with the pension scheme with the vendor of the property. This must be undertaken in order to comply with HMRC’s ‘arms-length’ requirements regarding the transaction. 

Where there is no connection with the other party, HMRC does not require any independent valuation.

For cases of joint ownership

If your SSAS has purchased the property with a third party, then a Declaration of Trust (DOT) will be required, in order to legally recognise the proportion of ownership held by each party. As this involves your pension scheme, the DOT needs to include pre-emption rights. Where the pension scheme may have to liquidate its investment in order to pay death benefits, it’s usual to offer the co-owner(s) first refusal to buy its share.

Your business, yourself and another party can purchase property jointly. As long as any joint ownership is registered with the Land Registry, any property purchased can also be let back to your own business or an unconnected party. It is however important that the SSAS pension scheme only receives its proportion of the sale proceeds or rental income and it must also ensure that it pays its percentage of all ongoing expenses.  

Buying, selling and letting

If you are considering using your SSAS to purchase a vacant property, then you will be required to ensure that there are sufficient funds available to cover repairs, rates, maintenance and all legal and other costs, as there is no rental income immediately available. This is usually achieved by retaining the relevant sum, which is held back in the pension fund. 

You SHOULD NOT purchase residential property with your SSAS. As residential, and some other types of property, are subject to very significant and costly tax charges if held by a pension scheme. To avoid these onerous tax implications, you really should only consider the purchase of commercial property such as retail, office and industrial buildings. 

Flipping from commercial to residential can be done

As your pension scheme can’t hold residential property without facing extremely high tax charges, if you are looking to purchase a commercial property and flip it to residential, then you need to be aware of what point HMRC deems it to have converted to residential. 

From speaking with architects, it’s our current understanding that the certificate of habitation and the point at which a commercial unit becomes a residential one (as referred to by HMRC), is at the point when the Completion Certificate is issue by the architect. As such, it’s imperative that the property is taken out of the pension scheme PRIOR to the Completion certificate being issued by the architect.

Property types you should and shouldn’t consider

This is a brief list of The Good, The Bad and The Ugly when it comes to property types you can consider for purchase with your SSAS: 

The Good

  • Shops Industrial property Offices
  • Hotels
  • Care Homes
  • Pubs and Restaurants
  • Farmland Development Land
  • Car Parking

The Bad (property types not allowed)

  • Residential Property
  • Holiday lets
  • Timeshares & beach huts
  • Freehold including long leasehold residential (even if only ground rents)
  • Caravans and other moveable property
  • Log cabins
  • Leasehold property with less than 50 years (deemed a “wasting asset”)  

The Ugly (to be avoided despite being commercial)

  • Any un-lettable property that will be sold again in the short term
  • Specialist properties that are difficult to sell
  • Properties with environmental or contamination issues
  • Any property adjacent to your house or garden 

Please note that this is a guide only and you should properly research if the property you are thinking of purchasing complies with HMRC rules.

Where can you raise the finance for the purchase?

Your SSAS is allowed to borrow from any source available; just so long as the loan terms are commercial. Obviously if the source is a bank or building society, then the terms will automatically be commercial. Where the lender is a source that does not have a consumer credit licence, or is connected to you, then you may have to provide accompanying evidence that the terms are commercial. 

Repayment of borrowing

Although you may be able to prove rental income, you should also consider affordability. 

Which is why, at the initial stages of purchase, a Member Trustees should be tasked with considering this aspect. It is also important that you do not rely upon future pension contributions to meet borrowing requirements, as the future payment of contributions is not mandatory.

Borrowing limits

If you are using your SSAS to fund a purchase for the first time, then your first loan can be up to 50% of the net value of the pension scheme. 

For example: 

Pension Scheme value:                                 £100,000 

Maximum borrowing:                                     £50,000 

Amount available to purchase property:   £150,000

  

Get the right advice from day one

Get professional advice on the rules of property purchase, development, leasing, resale or any other aspect of property ownership from a qualified and expert financial adviser who knows this area well. The wrong advice, or no advice at all, could leave you with a whopping great tax bill and a badly damaged pension pot. 

As always, we at Bridgewater Financial Services are here to provide expert and independent advice on any questions you have regarding using your pension to acquire property, or any other financial enquiries you may have. 

Stay safe

 

The 2020 Budget and what it means for you

Rishi Sunak delivered not only his first budget, after finding himself in the position of Chancellor of the Exchequer, but it’s also the Government’s first budget since winning the General Election and leaving the EU. All alongside the growing threat from coronavirus.

Hailed by the Chancellor as “the budget of a Government that gets things done” and widely seen as a change of direction from the traditional fiscal approach of established Conservatism.  

So now the dust has settled, what does it all mean for us? 

Important points for high earners
SAVINGS: In the Finance Bill 2020 the government will set the 0% band for the starting rate of savings income. This means that the rate will remain at the current value of £5,000 for the whole of the UK for 2020 – 2021. 

PENSIONS: The two tapered annual allowance thresholds for pensions will both rise by £90,000. From 6 April 2020 the minimum tapered annual allowance will decrease to £4,000 (down from £10,000). From 2020 onwards the threshold at which an individual is assessed for taper will be £200,000, with the point at which your annual allowance begins to reduce being £240,000. 

Important points for business owners
CAPITAL GAINS TAX: The Finance Bill 2020 will reduce the lifetime limit on gains that are currently eligible for Entrepreneur’s Relief, down from £10 Million to £1 Million for all qualifying disposals made on or after 11 March 2020. 

CORPORATION TAX RATES: The Corporation Tax main rate from April 2020 will stay the same at 19%; with this rate being set in legislation in the Finance Bill 2020.   

ENTREPRENEURS’ RELIEF:  Entrepreneurs’ relief is viewed by the Chancellor as ‘expensive, ineffective and unfair’ with three quarters of the relieve going to just 5,000 people. Which is why Rishi Sunakstated that he wishes to make changes to entrepreneurs’ tax relief, rather than abolish it altogether, as he said that he ‘did not want to discourage genuine entrepreneurs’. As such, he is reducing the lifetime limit for relief from £10m to £1m.  

This reform is set to save around £6bn over the next five years, with around 80% of small businesses going unaffected.

Important points for non-residents purchasing UK property through companies
The 2019 Finance Act legislated that non-UK resident companies that operate a UK property business, or have other property income will now be charged Corporation Tax on property income or profits, rather than these charges being levied as Income Tax. Following the budget, the Finance Bill 2020 will ensure that these measures and changes are smoothly implemented and that the transition of the taxation of UK property profits from Income Tax to Corporation Tax delivers a more equal playing field for UK and non-UK resident companies alike.  

Non-UK RESIDENT STAMP DUTY: As promised in the 2018 Budget, and following a consultation, there will be a change in Stamp Duty Land Tax surcharge on non-UK residents purchasing residential property in England and Northern Ireland. The Finance Bill 2020-21 will introduce a 2% surcharge to take effect from 1 April 2021. 

For the avoidance of doubt, if contracts are exchanged before 11 March 2020 but complete or are substantially performed after 1 April 2021, then transitional rules may also apply. 

Other general but important points
INDIVIDUAL SAVINGS ACCOUNTS (ISA) & JUNIOR ISA’s: The adult annual ISA subscription limit for 2020 – 2021 will remain unchanged at £20,000. Where there will be an increase to £9,000 in the annual subscription limit for Junior ISAs. Both of these measures will apply to the whole of the UK. 

CHILD TRUST FUNDS: The chancellor announced an increase to £9,000 in the annual subscription limit for Child Trust Funds for 2020-21. This measure will apply to the whole of the UK. 

LIFETIME ALLOWANCE FOR PENSIONS: The on going Consumer Price Index (CPI) increase in the lifetime allowance for pensions will increase in line with CPI, rising to £1,073,100 for the tax year 2020 to 2021.  

PERSONAL TAX: The personal tax allowance remains at £12,500. Whilst the threshold for National Insurance contributions will rise from £8,632 to £9,500. This should remove 500,000 of the workforce from NI tax eligibility.  

VAT ON SANITARY PRODUCTS: The 5% VAT levied on women’s sanitary products will be scrapped. 

PLASTIC PACKAGING TAX: A £200 per tonne charge will be levied on all manufacturers and importers on any packaging made of less than 30% of recycled plastic. 

VAT ON DIGITAL PUBLISHING: The chancellor will abolish all VAT on digital publications including books, newspapers, magazines and academic journals from 1 December. 

Alcohol, Tobacco and Fuel
ALCOHOL: All duties on spirits, beer, cider and wine have been frozen. 

TOBACCO: Tobacco taxes will continue to rise by 2% above the rate of retail price inflation. This will add 27 pence to a pack of 20 cigarettes and 14 pence to a packet of cigars. 

FUEL: Fuel duty has been frozen for the 10th consecutive year. 

Any questions? Please get in touch
As always, were here to help, whenever you need us.

If you do have any questions regarding anything that the chancellor has changed or mentioned in his budget, or any points I’ve raised in this blog, then please get in touch with us at Bridgewater Financial Services, where we will be delighted to help guide you through your individual options and strategies.