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SIPPs

 

SIPPs A new way to invest in property for your UK pension
 
If you are a UK resident, you will probably already be aware of Self-Invested Personal Pensions (SIPP). From April 2006, changes in UK pension legislation will enable investors to also invest in residential property as well as overseas holiday properties. Investors will also have the possibility of borrowing up to 50% of their existing fund as part of the finance.

Here is our 60-second guide:

What is a SIPP?
A SIPP is a self-invested personal pension that allows an individual to manage his own pension. Previously only utilised by the very rich, a change in Inland Revenue pension rules from 6 April 2006 means that anyone who sets up a SIPP can invest in a wide range of items, including residential property in the UK or overseas.

 

What are the benefits of having a SIPP?
Tax relief. All UK pension contributions attract tax relief and for every 78p paid into a pension scheme the government pays in 22p. Additionally, higher rate taxpayers receive an extra 18p in every £1, meaning they would receive 40p in every £1 or 40% tax relief on any property bought.

Who benefits the most?
Higher rate tax payers (those who earn in excess of £32,400) will benefit most but everyone will benefit from 22% tax relief, meaning if a client buys a property priced £100,000 through his SIPP it will only cost him £78,000.

What regulations are there?
Number one is that any property bought via a SIPP will be owned by the SIPP and not by the individual although he can be the beneficiary of the SIPP once he reaches 50 years of age or 55 from 2010.

Can the owner use the property himself?
Yes, the property may be used by the individual as long as he pays a commercial rent in the same way anyone else using the property would.

Are there any other qualifying conditions?
If the property is sold the individual will not be able to access the cash until he is 50, or 55 from 2010, when he will be able to take out 25% of the fund as a tax-free lump sum and the balance to produce a taxable income.

Are taxes, including Capital Gains Tax (CGT), payable?
Not in the UK. However, if the property is abroad, you will have to pay local tax on rental income and should the property be sold, CGT if it is applicable in the country where the property is located.

Are there any other issues with SIPPs owning a property abroad?
Some countries, including Spain and France, recognise individuals and companies being able to own a property but not a trust, which is effectively what a SIPP is. The issues surrounding trust status and property ownership overseas, we are told, will be clarified prior to A-Day.

Can a SIPP borrow money?
Yes, the SIPP will be able to borrow, subject to status, up to 50% of the value of the fund. For example, if you are a lower rate taxpayer and want to purchase a £100,000 property you would need to raise £78,000 (22p in the £1 is the tax relief), 50% of which (£39,000) may be borrowed against the SIPP.

How can I pay into a SIPP?
You can contribute the equivalent of all your earnings to the SIPP up to a maximum of £215,000 per year and £1.5 million in a lifetime. Also, you can begin contributing to a SIPP now ahead of the 6 April 2006 commencement date.

Who administers a SIPP?
A SIPP is regulated by a manager (effectively a trustee of the pension), whose legal responsibility it is to ensure that the SIPP (and therefore the property) is run properly.

Can I transfer my current personal pension into a SIPP?
Yes, you may transfer your existing personal pension into a SIPP; the SIPP provider will administer the transfer that they will then manage on your behalf.

How much do SIPP providers charge?
It varies, but if an individual has approximately £100,000 in the fund between 0.5-1% of its value per annum is the going rate.

Can I transfer my current overseas property into a SIPP?
Yes, although the SIPP will have to buy it from you personally, meaning CGT is likely to be payable on any profit. It may, however, be financially worthwhile doing so. Seek independent financial advice, bearing in mind that stamp duty and other legal and financial fees will be borne by the SIPP and need to be factored into the costs.

Are there any special rules regarding off-plan purchases?
Yes, off-plan purchases made by an individual now can be transferred to his SIPP after 6 April 2006, enabling you to take advantage of the potential capital gain between now and A-Day.

 

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