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Tax free cash from a pension fund
Roydo
Posted: 18 December 2012 12:30:41(UTC)
#31

Joined: 10/02/2012(UTC)
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The ssinnic;17229 wrote:
What seems unclear (I am sorry to say) is the value of an asset, such as property in this example, being constantly revalued or reflated with income from rents being re-used for more tfc.
Can either of you be categoric on the crystallisation word. For example does this word exist in the Revenuespeak? or is it just another insury/pensiony convenience. (Roydo)
In the real world of investment, my aim has been to accumalate assets which can grow and earn, and that's really what the ideal pension fund should do.
Why shouldn't we be encouraged to do the same with our savings for retirement? What's so diferent about that aim?


Hi P. Your OP was pretty simple to explain, as you were talking about a standard pension, ie, investing in UTs etc via a platform, where all the issues discussed apply to.

When holding Commercial Property, the situation about taking cash out of the pot can be much more complicated as you are not dealing with a providers ability to have segments etc, but with a tangible asset held, effectively, under a trust arrangement. If you have a property in a SIPP, and you wish to take cash out, in MOST cases, this would probably necessitate the sale of said property. (Unless there were liquid assets in the pension fund alongside the property, equal to 25% of the total fund value). So, regarding rental income from a crystallised property being available as another slug of TFC, the scenario cant actually occur because it would have been sold to pay the original TFC.

Crystallisation is Revenue speak, and still gets caught in most spell checkers!
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The ssinnic on 18/12/2012(UTC)
The ssinnic
Posted: 18 December 2012 15:59:10(UTC)
#32

Joined: 09/02/2012(UTC)
Posts: 15

Roydo, you are right but ponder what would happen if the fund owned more than 1 ppty and some of them received increased valuations and income. These were not sold so what is their fate? and the resultaning riches/gains but for whom?
Roydo
Posted: 18 December 2012 16:27:01(UTC)
#33

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It is straight forward in theory P. Any properties held in the SIPP that were not needed to be touched to release TFC would remain uncrystallised, with valuations/rental income being deemed to be in a pre crystallised state, ie, TFC would still be available from them.

In practice, it is pretty rare to see more than one or two properties in a "normal" clients SIPP though, and even syndicate SIPPS usually pool their funds for one property purchase. This is exactly why liquidity within a property SIPP is important, not just for fees etc, but to minimise the risk of a forced sale of a property to meet TFC obligations and/or death benefits. Same as any asset class I suppose.

R
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The ssinnic on 18/12/2012(UTC)
The ssinnic
Posted: 18 December 2012 16:52:27(UTC)
#34

Joined: 09/02/2012(UTC)
Posts: 15

All good points, but somehow lots open to some interpretation/manipulation.
It's only theory for me anyway, but I just get a feeling that on a good day I may be able to get more tfc from my fund than many would deem possible, esp. if the dozy can'y be bothered to check oput the rules.

Merry Christmas to al who have taken part in this.
Clifford Pope
Posted: 19 December 2012 10:37:21(UTC)
#35

Joined: 11/10/2012(UTC)
Posts: 17

I take the point about a property SIPP needing adequate liquidity in the event of needing to pay out for whatever reason. I was thinking of the position in a SIPP also holding sufficient cash so not needing to sell the property.

To paraphase something similar to my case:

Company premises value £500,000, in the process of being transferred to SIPP by maximum annual employer contributions.

To date, £300,000-worth transferred
I also have £100,000 in ordinary investments in the SIPP .
Therefore total SIPP value £400,000.

I take 25% of the SIPP in cash, ie £100,000. I do not need to sell the property to do that.
I am 63, will work for a further 5 years, continuing to make employer contributions until the whole building has been transferred. Therefore part of the sipp is now crystallised, but the uncrystallied part will grow over the next 5 years, from a) contributions b) rent c) growth in any of the other small but increasing investments d) property revaluation.

How is this growth apportioned between the crystallised and uncrystallised parts?

Can liquid and illiquid assets be exchanged or purchased/sold as between crystallised and uncrystallised SIPPs, so as to facilitate a further 25% drawing from the uncrystallised portion?


The ssinnic
Posted: 19 December 2012 10:47:30(UTC)
#37

Joined: 09/02/2012(UTC)
Posts: 15

Stop, please!
If co.premises are £500K and £300K already t/d, and other SIPP assets are £100K this = £400. So is this property owned by two separate entities now? One the SIPP and the other the business? How does that work? I don't understand the mechanics, Stamp Duty , CGT etc?
Roydo
Posted: 19 December 2012 11:05:42(UTC)
#36

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Clifford Pope;17250 wrote:
I take the point about a property SIPP needing adequate liquidity in the event of needing to pay out for whatever reason. I was thinking of the position in a SIPP also holding sufficient cash so not needing to sell the property.

To paraphase something similar to my case:

Company premises value £500,000, in the process of being transferred to SIPP by maximum annual employer contributions.

To date, £300,000-worth transferred
I also have £100,000 in ordinary investments in the SIPP .
Therefore total SIPP value £400,000.

I take 25% of the SIPP in cash, ie £100,000. I do not need to sell the property to do that.
I am 63, will work for a further 5 years, continuing to make employer contributions until the whole building has been transferred. Therefore part of the sipp is now crystallised, but the uncrystallied part will grow over the next 5 years, from a) contributions b) rent c) growth in any of the other small but increasing investments d) property revaluation.

How is this growth apportioned between the crystallised and uncrystallised parts?

Can liquid and illiquid assets be exchanged or purchased/sold as between crystallised and uncrystallised SIPPs, so as to facilitate a further 25% drawing from the uncrystallised portion?




Good grief! I hope you are being well advised during this process!

What you are doing is perfectly legal, just a bit complicated, so I will leave issues such as tax/stamp/cgt aside.

If your SIPP is currently worth £400k, and you take £100k tfc, then the entire SIPP would crystallised at that point. Lets assume 1.1.13 is the transaction date. Any growth/rent generated by that portion of the SIPP will not be available as a second tranch of tfc.

Contributions paid in, and the remaining transfer of the property after 1.1.13 will be uncrystallised, and tfc will be available from that pot. The obvious problem is how your SIPP apportions rental and capital growth of the property between the two elements correctly.

Off for a lie down.
Clifford Pope
Posted: 20 December 2012 10:00:42(UTC)
#38

Joined: 11/10/2012(UTC)
Posts: 17

Thanks both of you. Your replies pretty much confirmed what I guessed must be how it works, and it was reassuring to see it set out so clearly by Roydo.

Yes, I am being advised - IFA plus company senior audit partner.
Yes, property is at present in split ownership, SIPP and company. The proportion owned by the SIPP is increasing with each annual contribution in specie.
VAT is being accounted for (paid, reclaimed, by a VAT partnership), as is stamp duty.
Rent is paid by company to SIPP for appropriate proportion.
My intention is to fund regular pension drawdown from the rental income, indefinitely, but obviously I appreciate that eventually the property would have to be sold, eg to release death benefits.

The advisors, and Suffolk Life, seem to know what they are doing, but it has been difficult getting straightforward explanations that I can understand.

Cane Wreck
Posted: 02 February 2013 16:30:06(UTC)
#39

Joined: 31/01/2013(UTC)
Posts: 5

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