Allow Landlords to evict tenants where there are 14 days rent arrears14:34 PM, 1st October 2020
About 4 weeks ago 97
My personal pension was originally from a high street provider – I transferred my pension fund pot across to my newly created SSAS Pension.
My wife and I created a Limited Company a few years ago specifically for property investment (buy and retain). If this is your strategy then please make sure you set up your Limited Company with the required Industry SIC Codes – these will be required for “SPV” classification
The SPV can borrow up to 50% of the SSAS fund value but it needs to be secured against an asset.
The SPV can then use the loan money to invest in property (our strategy is Buy/Refurb/Re Finance to pull out as much of our original investment as possible)
At the end of the loan period (we use 1 year) the SPV pays the loan PLUS Interest back to the SSAS – the interest amount paid reduces your Corporation Tax Liability (ie it is an expense) and the Interest amount goes into your SSAS tax-free
The benefits for us are:
You need to work with an experienced SSAS Provider for guidance
My thought process for the SSAS was twofold really :
We make maximum pension contributions from the PropCo into our SSAS Pension – growing the pension fund
The SSAS pension offers “loanbacks” to PropCo at agreed/approved interest rates – when, paid back, the interest paid is deductible from a corporation tax perspective and is non taxable when paid back into the pension. PropCo can then purchase investments, to which a residential purchase would be allowable. “Rinse and Repeat” annually.
This what my wife have done with our SSAS – making sure to stay within the HMRC guidelines.
My personal belief is that thousands of Property Companies (SPV’s) in the UK can potentially take advantage of the SSAS Pension’s unique flexibility, in particular, family businesses – helping to grow their SSAS Pension fund through tax efficient contributions.
I have collated some basic information that may help if you are considering the creation of a SSAS Pension and utilising the great opportunity of “loanbacks”.
Please do not take this as professional advise – it is purely our own experiences.
When company directors are talking to their Advisers and Accountants they collectively need to establish:
This type of information will be used by SSAS providers as part of a more detailed review and discussion. (ensuring that you keep within HMRC guidelines)
To protect the scheme, the SSAS provider will be looking to ensure the company can repay the loan under the SSAS Loanback rules.
There are five key tests that any SSAS loan must meet to avoid tax charges:
Firstly, the scheme must be protected against loss through the provision of security by the borrower.
No SSAS loan will be completed until the SSAS provider has documentation to confirm that suitable security is in place.
The value of the security must be equal to the amount of the loan plus interest over the full term of the loan and legal input is required to create the binding charge.
Types of Assets:
The assets used as security are often commercial property and land.
These assets are often preferred by most SSAS providers because of the presence of a solicitor who can prevent its sale without the consent of the SSAS and its administrators/trustees.
There is also the very low risk of any tax charges if the loan defaults and the property is moved into the SSAS.
HM Revenue & Customs (HMRC) do not rule out ANY types of assets being used as security in their Pensions Tax Manual.
There are clear warnings that should a SSAS acquire (through calling in the security) certain types of asset (e.g. a residential property), then hefty tax charges will be imposed on the Scheme Administrator and the members.
An understanding of the calling in of security is important and an experienced SSAS provider can help with that.
Some SSAS providers will accept the following assets as first-charge security but, for the above reasons, there are potential tax charges involved:
Residential property (unencumbered!)
Large plant & machinery
Ideally, security should be set up in a way that if the loan were to default it forces the sale of the asset and only the cash proceeds come into the scheme to settles the outstanding loan.
This stops any taxable asset becoming part of the scheme and generating tax charges.
The Scheme Administrators Role:
The formal role of “scheme administrator”, which requires HMRC registration, can be left “holding the baby” in terms of risky investments.
Any tax charges arising from loans made without security in place, or failing to meet the five key tests, are treated as unauthorised payments and tax charges will apply to both the company and the scheme administrator.
Tax charges of up to 55% can apply to the company with additional tax charges on the scheme administrator of up to 40%.
The amount that becomes taxable will depend on the key test that is not met.
In a worst case scenario, the tax charges could be applied to the full amount of the loan and interest due at outset.
Lots of time and energy is required to deal with the reporting and settling of tax charges, hence prevention is, therefore, the key.
SSAS providers can take on the scheme administrator role, taking 100% control of the cash transactions of a SSAS, and leaving the client assured of their protection.
Some people, however, may wish to take on the role of scheme administrator themselves to save on fees, but unless they employ the services of a scheme practitioner they will be left vulnerable in what can be pretty complex territory.
My wife and I have used the above process with our own company and our aim will be have “annual” loanbacks which help our company to acquire more rental properties and at the same time making interest payments back into our SSAS Pension which are tax free.
Very happy to share our own experience/journey.
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