Sara G;330899 wrote:I realise it's a potential conflict of interest, but have you given any thought to running the SIPP down first, and taking advantage of the higher returns now available further along the yield curve with the Gilt portion? Your dad is fortunate to have you protecting his interests, and I can't help but think that he would want you to protect your own too.
priority has always got to be what is in his best interests - even if this conflicts with what he may himself have done - but I can make decisions based off what is best for him from a tax perspective AND I also have a responsibility to ensure that his potentially beneficiaries are not needlessly disadvantaged by my choices / actions / inactions...
The tax regime / tax treatment of his accounts has meant that short term capital gains were best made / taken in his SIPP as there is no year to year capital gains tax on those investments. the fund he has outside of a tax wrapper has meant I have bough his gilt ladder there using very low coupon gilts to maximise the capital gain component of his yield to maturity of the government bond risk.
With the significant back up in yields and the now not insignificant dividend yields now on offer from a diversified portfolio of REITs / Infrastructure - and the large discounts and hopeful favourable (time will tell) risk reward of a long term holding in such investments I have built the taxable portfolio.
However - and this is a very tricky situation. At some point I need to make a decision as to whether it makes sense to take the up to 25% tax free from his SIPP - subject to a £268,275 max limit.
https://www.gov.uk/tax-on-pension/tax-free. and be clear as to why this makes sense and to whose advantage and to ensure that this does not cause a negative outcome for my dad...
As in for his estate and therefore his beneficiaries on his death there is now - due to him being over 75 - an incentive to draw down his SIPP before the rest of his assets because whilst all his estate is now part of the inheritance tax at 40% above 325k his pension will 'suffer' an additional tax charge depending on the marginal tax rates of each beneficiary. Ofsetting this is that his SIPP is a tax free / wrapped vehicle... I have no idea how long he will live - to be tax neutral for him I could start to take 20k a year and put it straight in an ISA so his personal taxable accounts stay the same... however - to be blunt - he's 83 years old and his SIPP is worth over £1.5m so each 20k slice isnt doing very much - and to get to the max allowed £268k would take 13 years and he'd be 96 by the time... its possible... and I can't see how this is wrong from anyone's perspective so I can start to do this and not fall foul of fiduciary responsibilities and his best interest whilst also being reasonable to his potential beneficiaries...
But - to take the whole 268k lump and leave a load in a taxable account today I am not sure how I can justify this for him - but yes - with the gilts backing up as much and there being so many low coupon medium term maturities there may a REASONABLENESS justification to not materially increase his tax exposure whilst materially improving the tax situation of his potential beneficiaries by adding to his medium term maturity gilt investments in low coupon issues......
also as the rules haven't changed yet (think not for another year and a bit) I dont want to do anything too early and run the risk that he suddenly dies and it would have been better if it did nothing!
and finally I also need to find out if it is possible to enact a deed of variation on a pension inheritance as for myself I think I'd rather pass my potential inheritance of my dad's SIPP directly onto my kids. As he has now lost capacity and his will is pretty clear (100 of his estate split as pro rata share to his kids or their issue if predeceased) and so I can't change his expression of wish to be different...
thanks for the question Sara... and now maybe someone can give me the answer!