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Kielty Cashell Financial

Harmony Hill
Sligo
Tel: 071 919 4000
Fax: 071 914 4679

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Small Self Administered Pensions E-mail

The Irish retirement regime is one of the most liberal and innovative in the world.  Coupled with that is the fact that over 90% of all businesses in Ireland are small or medium sized enterprises, run by owner-directors.  For the owner-director a Small Self-Administered Pension (SSAP) should be the number one choice for retirement planning. A SSAP is established under trust by a company’s directors. They are the ‘members’ and ‘trustees’ of the pension scheme.

A SSAP provides a tax-efficient environment in which a company’s profits can be invested to provide retirement benefits for directors. As the fund grows it can work for the member and still be free from creditors should the company go into liquidation.

A SSAP gives company directors the opportunity to maximise their pension funds prior to retirement by giving them control over their investments. Unlike other pension schemes the directors can control and choose their investments. The range of investment options are extensive and include things like: property, structured deposits, direct investment in stocks and shares etc…

Since the introduction of the Finance Act 2004 the trustees of single member SSAPs can now also borrow money in order to invest for the members benefit.

What is it?

A Small Self-Administered Pension (SSAP) is a corporate pension scheme with 12 or fewer members. An SSAP is established under trust by your employer, for your benefit and the benefit of some of your fellow directors and key employees.

Member trustee

You are usually one of the trustees of the SSAP. The trustees are responsible for, and control all aspects of, the SSAP’s investment strategy and payment of retirement benefits. All decisions must be unanimous.

Pensioneer trustee

One of the Trustees must include a professional trustee known as a ‘pensioneer trustee’. A pensioneer trustee is an individual or company who are pensions experts and are approved by the Revenue Commissioners to act as a Pensioneer Trustee.

Tax-efficient trust

An SSAP is established under trust. This provides the member trustees with considerable tax advantages:

  • contributions made by the company qualify for Corporation Tax relief
  • members’ personal contributions qualify for tax relief
  • investments grow free from Capital Gains Tax and Income Tax
  • a tax-free cash lump sum can be taken at retirement
  • any balance can be transferred into an Approved Retirement Fund
  • deposits grow free from DIRT Tax

Investments

The member trustees control the funds in their SSAP. The pensioneer trustee must be party to all financial transactions but takes no part in decision making. They only determine whether an investment is allowed under revenue rules.

Here are some examples of what investments can and cannot be made:

Authorised Investments:

  • Property
  • Land
  • Property Syndicates
  • Shares in private companies*
  • Quoted equities on recognised worldwide stock exchanges
  • Gilts, Bonds and Fixed Interest Stocks
  • Investment Trusts
  • Unit Trusts
  • Insurance company funds
  • Bank and Building Society deposits
  • Offshore managed funds
  • Futures and options
  • Copyrights
  • Loan notes

Prohibited Investments:

  • Holiday Homes with personal usage
  • Shares in the principal employer
  • Rare books and stamps
  • Works of art and antiques
  • Fine wines
  • Gold bullion
  • Loans to member trustees or their families
  • Secured and unsecured loans to the principal employer or connected person
  • Assets that could be used for member trustees’ personal gain, e.g. golf membership
  • Furniture and Oriental rugs
  • Yachts and Vintage Cars
  • Jewellery and gem stones

The seller of any asset must be at “arms length” from the scheme and the employer. If the asset is a property the property must be let, and eventually sold, on an “arms length” basis and all rents received must be lodged to a scheme account. Property development is generally not permitted as the Revenue regard this as trading and not investment

*Subject to Revenue rules.

Borrowing to Invest

Following changes in the Finance Act 2004 the trustees may borrow money from lenders to enable them to purchase particular assets, or to otherwise benefit the SSAP in the best interests of the members.

Base Rules

  • The term of the loan cannot be greater than 15 years or retirement age if earlier
  • Must be capital and interest payments
  • Must be non-recourse borrowing

To learn more about Small Self administered Pensions (SSAP’s) contact Kielty Cashell Financial.

Warning: The value of your investment may go down as well as up.