The new regulation is indeed planned for April 2006 – pending a Labour re-election of course!
Its not just resi property that will be allowed into your pension – all other assets will be too; wine, stamps, classic cars, paintings, you name it!
But there’s always a sting in the tail! At present you can use your pension fund to gear to 75% i.e. your pension contributes 25% and you get a mortgage for the 75% but under the new rules you will only be able to gear to 50% thus you will need more of your pension to buy less assets including commercial.
That being said you can already put residential property into a pension – a) use FURBS (Ltd Co only) and b) invest in an Irish pension which only allows resin to commercial!
Simply assuming that the new guidelines will allow tax free cash on your investment is simply not the case.
Firstly, of course your pension has to actually have the money in it in the first place and there are strict limits on how much can be invested at any one time, in any one tax year and now new rules mean that a pension can only have a maximum of £1.5m which isn’t a lot of property although this is likely to be indexed.
Then you have the fact that you won’t be able to transfer existing owned properties into a fund without effecting a sale i.e. stamp duty, CGT etc.
You can bet it won’t be easy to take them out or take the money either – just like any other pension find.
You will probably have to purchase an annuity at some point which are completely useless structures but if you owned the property outside of a pension you don’t have to.
Finally, this cautious note I took from Thisismoney.com is worth reading:-
… tax and accountancy specialists Grant Thornton warn the initiative could prove to be very tax inefficient, particularly if the asset is held long-term, and could even end up costing investors far more in tax than they had bargained for.
For example, if you bought a property for £100,000 ten years ago, without using money from your pension, and sold it now for £250,000, you would be liable to pay capital gains tax* of 24% on the profit. This would work out to a tax bill of up to £36,000.
In contrast, if someone used their pension fund to buy property, they could be liable for a tax bill of £45,000 – a difference of nearly £10,000. This is because although they could drawdown 25% of the fund tax-free, the balance of the pension fund is taxed as income at a rate of 40%.
Mike Warburton, senior tax partner at Grant Thornton says: 'This calculation is based on higher-rate taxpayers but shows someone using their pension fund to buy property could face a tax bill of £45,000, based on an increase in value of £150,000.
'Although this does not mean investors should necessarily rule out using their pension fund to buy property, it does mean people should consider the figures carefully and be aware of the future tax liability.'
Regards,
Lisa
http://www.keys-property.com