Pensions Law and SIPPs

When it comes to preserving your wealth and assets for the future, there are many options available, including sound pension investment which, with careful planning and professional advice, can provide a healthy return.

Pensions law is rather rigid and subject to regular changes, which is why you should seek expert advice in order to maximise the opportunities available and minimise the liabilities in this complex area.

Specialist legal advice is also recommended for individuals wishing to take control of their own retirement planning, such as investing in a self-invested pension plan (SIPP).

A self-invested personal pension (SIPP) is a type of personal pension plan that enables you to prepare for your retirement in a tax-efficient way, investing in a broad range of investment options including commercial property (but not residential property), stocks and shares, land and trustee investment bonds. Its flexibility means that you can choose how you invest as well as how you take your benefits when you do retire.

For sole traders or partners who own a commercial property, transferring your assets to a SIPP could bring significant benefits and tax savings.

Transferring your property into your SIPP means you hold it on trust for the duration of your pension (an attractive advantage of this type of pension plan). In doing this, you transfer legal ownership to the pension trustee but you still remain the beneficiary and any income which arises, such as rent and the value of the property, will be invested in your pension.

Benefits of moving your commercial property to a SIPP include:

  • Tax relief on pension contributions made to your SIPP are applied at your highest rate of income tax
  • You can transfer or purchase a commercial property using your SIPP and use the property for your own business as long as your business pays a commercial rent
  • Any growth in property value is free from CGT

Our solicitors offer a range of pensions law services which include:

  • Advice on investing in a SIPP and the tax advantages available
  • Advice on disputes during divorce relating to pension sharing and entitlement
  • Advice on pension sharing orders and pension arrangements
  • Assistance on drawdown changes and guidance on new charging structures
  • Practical advice on the operation of your retirement benefit plans (including SIPPs)
  • Guidance on pensions risk management

As well as providing legal advice and guidance on pension law, our specialists at Pearson Rowe can also advise on a range of other areas affecting individuals’ personal financial affairs including inheritance tax planning and wills and probate.

For more information on any of the high quality legal services provided by our solicitors in Birmingham, please contact us.