AMBROSE APPELBE


SOLICITORS


Established in Lincoln's Inn 1935

7 New Square
Lincoln's Inn
London
WC2A 3RA

 

Tel:

020 7242 7000

Fax:

020 7242 0268

E-Mail:

mailbox@ambrose.appelbe.co.uk

 

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Pensions Law

We are solicitors in London WC2 UK

Our lawyers advise on all aspects of
 pensions

Trusts and Tax

Inheritance Tax and Pension Planning
New Pension Regulations affect SIPPS
 

As from April 2006 new regulations govern SIPPs – Self Invested Pension Schemes. Here is a quick guide to the main points:

No need to buy an annuity.

If you keep the SIPP till 75 years of age the minimum withdrawal is zero per annum but you can take 25% tax-free. The SIPP is made up of 1000 units. Of the entire fund thus in year 1 you can take 25% of each and every unit you can then continue to take 25% of the remaining units at the value later on i.e. benefit from increase in value.

If you die before 75 there is some tax namely 35%. If you survive after 75 there is no tax but the balance of the fund must go towards funding pensions for others e.g. children or grandchildren etc. i.e. you can then start them on their own Pensions. It is wise to have many grandchildren, because the maximum you can contribute to each is £215,000.

The SIPP is rather like an ISA with a tax wrapper.

Tax is deducted at source on drawdown.

On death a spouse can step in and continue to take the Pension.

There is very wide individual freedom of investment up to the maximum allowed of £1.5m. This will go up in steps varying from £100,000 in a year to £50,000 in a year for the next 5 years and then be reviewed by the Revenue. If the fund goes above that there will be tax on the profit.

You can “opt out” (but you are only allowed to opt out once) and then opt in again. This needs careful consideration each year.

Tax Relief is given at the marginal rate on contributions to the fund.

You need to consider carefully the weightings as you get older (e.g. you may want to get more of the weighting towards secured investments e.g. Gilts or Corporate Bonds). On Corporate Bonds and Gilts there is no tax payable by the fund on the interest.

The tax deducted on share dividends cannot be recovered.

SIPPs will provide an excellent tax free haven for investment and with scope for tax planning for the family.

This is only a broad indication of the scope available and should not be relied upon definitively. The detail is more complex and the circumstances of each individual (and of his or her family) must be considered carefully before any steps are taken.

The Capital Taxes Office frequently examines the circumstances surrounding SIPP’s on death.

 

To speak to a lawyer about Pensions, Inheritance Tax, Trusts or related matters, telephone Felix Appelbe on 020 7242 7000 or use the Contact Request Form.

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© Ambrose Appelbe 2004-2008
This web site contains general information only and does not constitute legal advice. You should take suitable advice as to your specific circumstances. Ambrose Appelbe accepts no responsibility and disclaims all liability in relation to such information.