adviser

QROPS update 23rd August 2011 Pension income drawdown & Foreign exchange QROPS and QNUPS

At Gerard Associates Ltd we continue our daily look at factors affecting markets and currencies allowing some insight into conditions affecting exchange rates.

Cash and income timing from a UK Pension income drawdown, flexible pensions or QROPS (Qualifying Recognised Overseas Pension Scheme) should be considered to maximise the Pension drawdown, QROPS and investment income taken.

Investment market volatility and currency exchange remains a challenge. The global economics are volatile and unprecedented in history. Currency exchange continues to concern expats with UK Pensions, income drawdown now including flexible pensions, a QROPS and QNUPS (Qualifying non UK Pension schemes).

 

Sterling traded steady against both the Euro and dollar yesterday as investors sight the UK’s

fiscal position as ‘slightly better’ than that of the other major currencies. The pound stayed

within a tight range of €1.1425 and €1.1499 against the Euro and $1.6435 and $1.6520

against the dollar.

Some analysts believe that despite the current fragile state of the UK economy, sterling is

being used like a semi-safe haven. They don’t necessarily see sterling as a good investment,

but see it as the ‘least worst’ of the G-10 currencies.

"Sterling is seen as a semi-safe haven, it is perceived by investors as the path of least policy

resistance," said an FX strategist at Credit Agricole.

"The UK has its own independent currency and the government is perceived to be doing

something fiscally austere. It's a haven while there is global asset market turmoil and a lack

of solution to the European debt situation."

However this ‘safe haven’ status for sterling could potentially be short lived as upcoming

data could highlight the fragility of the UK economy, and recent gains could retract.

Investors view the pound as undervalued compared to other G-10 currencies especially the

Euro and positioning data showed currency speculators increased short positions in sterling

versus the dollar in the week ending Aug 16, suggesting the pound has room to rise further if

speculators unwind those positions.

Yet they are still wary that the Bank of England could look at further quantitative easing somewhere

along the line. Recent data suggests the UK economy is stagnating, although it is holding up

better than the United States where a poor factory activity gauge last week prompted some

to warn the economy risked slipping into another recession.

Monday was an exceptionally quiet day for data, however the rest of the week will surely

see some volatility from the major data releases, which include New Home sales data at 3pm

today in the U.S., Nationwide House prices and consumer confidence on Wednesday

evening and UK 2nd Estimate GDP Figures for Q2.

 

IN THE UK

  • Sterling remains steady against both Euro and Dollar due to no major data releases
  • The pound is being looked upon as a semi-safe haven, not due to it looking like a good investment but because it is ‘less ugly’ than the other G-10 currencies
  • Short term data could change the semi-safe haven status, as it could highlight the fragility of the UK economy.
  • Investors are also wary that the Bank of England could look at further quantitative Easing somewhere along the line.

 

 

ELSEWHERE

  • Fed's Bullard says he didn't agree with Fed in prolonging zero interest rate policy and sees increased inflationary risks in US economy
  • China CB adviser says have some concerns about safety of its US holdings, this follows comments that world economy will not see double-dip recession, but says cannot count on China to save US and EU debt issues
  • EU debt problems...Finland still looks for collateral to agree next Greek bailout

 

DATA TO LOOK OUT FOR 

  • Industrial orders for June at 10am in the Eurozone, expectations are looking like they will drop from the previous month
  • In the US Durable Goods orders for July will be released at 13.30 and are expected to be a big improvement from the previous month
  • At 3pm US Housing Price data for June will look to show a slight decline from 0.4% to 0.2%.

 

 

Current Spot Rates (9.00am)

23rd August 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

USD

EUR

AUD

CAD

CHF

DKK

NOK

HKD

SEK

ZAR

JPY

GBP

1.6551

1.1457

1.5782

1.6341

1.3032

8.53

8.99

12.85

10.48

11.86

126.5

USD

 

0.6952

0.9597

0.9882

0.7873

5.177

5.454

7.80

6.36

7.20

76.76

EUR

1.4383

 

1.3803

1.4214

1.1325

7.4481

7.8457

11.22

9.157

10.35

110.41

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Gerard Associates Ltd advises UK residents, expats and people considering living abroad on the technical and currency options available for Pensions, pension income drawdown, flexible pensions, QROPS, QNUPS and investments in a clear format allowing all customers to make an informed choice. Our service encompasses Pension including QROPS and QNUPS and investments in a clear format allowing all customers to make an informed choice.

This with the reassurance and security of UK FSA authorised and regulated advice - essential for your security.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PHASED RETIREMENT

You do not have to use your entire pension fund at once and can use just part of it to provide benefits, either by moving into pension drawdown, or by buying an annuity, or both. This is called phased, or partial, retirement.

Each time you move money into your pension drawdown account it will count as a Benefit Crystallisation Event (BCE) and could trigger an immediate review and adjustment of the maximum income you can take from the whole of your pension drawdown funds. This could mean you have to reduce the income you take. This is in addition to the automatic tri-annual that are carried out. If the reduced maximum income would be less than the income already taken then it won’t be possible to move any more money into drawdown until the following year.

Phased retirement is more likely to be chosen by those who do not need all of their tax-free cash in one go and would prefer to keep more money invested in a tax efficient manner until they need it. There are also implications regarding death benefits, as it would be possible to have some money from which you have not yet taken benefits, some in an annuity and some in pension drawdown. The death benefits in these three cases are all treated differently.  The older you are, the more competitive an annuity income becomes.

If you die and leave any pension funds that have not yet been used to buy an annuity, or transferred into drawdown, they can be paid out as a lump sum, which is normally free of inheritance tax (a death tax charge of 55% will apply to un-crystallised funds post age 75 years). Alternatively a spouse or dependant can choose to use the full fund value to buy an annuity or start pension income drawdown.  However please note that contracted out pensions require that an income is made available for a surviving spouse or civil partner. This can be either via an annuity or income drawdown. Only where there is no spouse or civil partner may the fund be passed to another nominated beneficiary.

The fund will be valued against the “lifetime allowance” which for most people is currently £1.8milion as of the 2010/11 tax year.  This will decrease to £1.5 million in 2012/13.   If your total pension funds and benefits on death (including any pension life insurance) exceed the lifetime allowance the excess over this could be subject to a lifetime allowance charge of up to 55%. The lifetime allowance charge should not apply where funds are used to provide a dependant’s income.

Phased retirement is a personal pension plan which accepts existing funds and allows you to buy an annuity or income drawdown in stages rather than all at once. Each year you decide how much income you need. You then cash in as much of the plan as necessary to provide your chosen level of income. Please note that the value of the remaining fund can go down as well as up and is not guaranteed, and that annuity rates can vary over time. So you could end up with a lower pension than if you'd chosen a conventional annuity straight away. You can take out a phased retirement plan any time after the age of 55.

Think of it as lots of mini-retirements spread out over a number of years. At first your income will consist of a tax-free cash sum and income from either an annuity or a pension Income Drawdown plan. You'll continue to receive income from these sources, but you also have the option to take another tax cash-free sum and set up further Income Drawdown plans or annuities. 

Phased retirement can work like this:

  • Income drawdown plus tax-free cash - to a maximum of 25% of the value of the 'arrangements' you're cashing in.
  • Annuity plus tax-free cash - to a maximum of 25% of the value of the arrangements (please ask your financial adviser for more detail).
  • Meanwhile, the 'arrangements' left in your plan, called 'deferred arrangements' continue to be invested.
Phased Income Drawdown or Phased Annuities?

This depends on your circumstances and attitude to risk. Pension drawdown provides greater flexibility and a higher potential income, but annuities, being guaranteed, give greater security. You should talk to your financial adviser about what might suit you best.

Phased retirement is a relatively complex arrangement so charges are higher than if you'd chosen the traditional annuity route.

Who could it be suitable for?

Phased retirement can be taken out by people aged over 55 years. It could be just the thing for you if:

  1. You want to vary your income from year to year to reflect changes in your circumstances.
  2. You want your pension fund to continue to benefit from potential growth and are prepared to accept the risk that its value may fall rather than rise and is not guaranteed.
  3. You have other sources of income so you may not need a high income in the early years of retirement.
  4. You want to attempt to maximise the benefits your family receive on your death and give them maximum choice about how they receive these benefits.
 Phased Retirement – Advantages & Disadvantages

 Advantages

  • The pension fund not encashed remains in the Phased Retirement plan and continues to be invested thus providing the individual with the possibility of growth and hence, higher future income.  This depends largely on how much income is taken out of the fund (especially in the early years) and future investment returns achieved on the residual pension funds.
  • The individual can change the level of their retirement income to reflect their personal circumstances in the future, although if a pension annuity is purchased, this income payment will continue for the rest of their life.
  • By delaying the purchase of a pension annuity, the individual is more likely, due to age to suffer form an illness which means they could qualify for enhanced or impaired annuity rates, thus increasing their pension income for the rest of their life.
  • The portion of the pension fund still invested at the time of the annuitant’s death can normally be returned to the individual’s beneficiaries free of Inheritance Tax.


Disadvantages

  • Your income is not guaranteed - it depends on several factors including the level of pension income drawdown, investment returns you achieve, the effect of the charges, and future annuity rates. Your investments may not perform as well as you had anticipated and annuity rates may go down. There is no guarantee you will get more than had you bought a conventional annuity straight away, and you could get less.
  • You can't take your tax-free lump sum in one go. And as you will be using your tax free cash to provide income along the way, you may only have a small amount left to take when you convert the remaining value of your plan into an annuity.
  • If you are using pension drawdown to phase your retirement, the withdrawals you make to provide an income reduce your remaining fund and may erode the capital value of the remaining retirement fund below that originally invested, especially if investment returns are poor and a high level of income is being taken. This could result in a lower income when the annuity is eventually purchased or an amount less than you would have received under an existing arrangement. It is possible for the capital value of the plan to fall below the amount of the initial investment.
  • Annuity rates vary over time. If you leave it until the last moment to convert your remaining fund into an annuity, you will be forced to accept the rates available at the time. They may not improve and may worsen.
  • The charges you pay for phased retirement will be higher than for a conventional annuity.
  • The Protected Rights benefits are your entitlement from the State Second Pension, previously the State Earnings Related Pension Scheme (SERPS). You cannot phase these benefits. However you can invest the money separately within the plan. Up to 25% of the Protected Rights fund can be taken as tax-free cash.

Residential Property and other tangible assets.

Qualifying Recognised Overseas Pension Schemes (QROPS)

HMRC Update:

HMRC issue updates to Pensions via the Registered Pension Schemes Manual ( RPSM ). There are normally vast amounts of technical detail but careful review usually throws up some interesting developments:

QROPS and Taxable Property

RPSM13102180  and  RPSM14101070  

The Taxable Asset Transfer Fund attributes payments to a relevant transfer fund. In this case the amount transferred from a UK registered Pension to a QROPS.

The taxable property unauthorised payment charge is not a member payment charge under schedule 34 of the Finance Act 2004. It applies regardless of whether or not a transfer member has been non UK resident for more than five tax years. Nor is there any time limit on the requirement that the manager of a QROPS reports to HMRC any payments that are referable to a transfer member´s taxable asset transfer fund.

HMRC on October 27th 2009 updated the Pension scheme manual to confirm that residential property is a taxable property asset along with the usual, fine art, antiques, fine wine, boats, cars etc.

These tangible moveable assets if purchased within a QROPS will be subject to the taxable property unauthorised payment charge:

Tax charges on taxable property

If a QROPS invests in taxable property, as well as there being an unauthorised payment charge on the member of 40% of the property’s value, the scheme administrator will be liable to a scheme sanction charge of 15%.

Any income from the taxable property would be taxed at 40% and any capital gains earned as a result of the disposal of such assets would also be taxed at 40%. If the income from the property was less than 10% (e.g. as with ground rents) then the tax would be based on 10% of the property’s value.  

QROPS

 The underlying investments within a QROPS must be carefully considered. The impact of how investments are held and who controls them can lead to liabilities from HMRC and from your new country of residence.

A QROPS is not simply a domicile for the Trust or vehicle holding your QROPS fund. The underlying assets should be offshore to avoid UK Tax.

RPSM14101020  confirms that QROPS status does not confer on an overseas scheme the tax exemptions to which a registered pension scheme is entitled.

In particular, it does not affect the scheme´s liability to UK tax on any income it has from UK property. And if a QROPS invests in a UK-based unauthorised unit trust any gains accruing to that unit trust remain chargeable if the overseas scheme is exempt from capital gains tax or corporation tax on such gains only by reason of its residence.

Further consideration should be given to how your residence affects the QROPS. Whilst self investment is commonly available countries that do not recognise Trusts may seek to tax you on an arising basis, arguing that it is you the individual controlling the investment decisions and should pay tax annually on the fund as well as the income. Discuss these issues with you adviser carefully and as with any UK authorised and regulated firm – get it confirmed in writing.

This article has been provided by Gerard Associates Ltd.

For more information contact:

Gary Barlow    Tel: +44 (0) 1884 250118

Email: gary.barlow@gerardassociates.co.uk

www.gerardassociates.co.uk

Financial Services Compensation Scheme (FSCS) New Limits

The Financial Services Compensation Scheme (FSCS) has issued a reminder that from 1st January the compensation limits for investment, insurance and home finance intermediation claims are changing.

This is a vital piece of protection for UK consumers. The default of Lehman Brothers probably the most recent high profile investment claim shows the importance of this scheme in both protecting consumers and maintaining confidence in the UK financial services industry.

Important though, you are only protected when using a UK authorised and regulated by the Financial Services Authority firm. With the opening of European boarders to financial services business a firm may be authorised by passport of services to the UK. This does not mean regulated by the UK FSA and does not afford protection from the FSCS.

Many offshore advisory firms extol the virtues of their UK trained advisers but that means nothing if things go wrong – and they do!

With the surge of individuals leaving the UK for offshore residency it is essential to ask your adviser searching questions about how you are protected. What regulator covers the advice and what compensation schemes exist? Professional insurance is a requirement but if you would have to seek redress through a foreign court then caveat emptor. Remember advice is a professional service however friendly the meetings and discussions become.

The FSCS new limits will apply to claims against firms declared in default on or after 1st January 2010 as announced by the FSA earlier this year.

According to the scheme, the new limits will make it easier for consumers to understand the cover the FSCS provides.

Overview of the new limits applying to eligible claims:

  • Investments: Provision and mediation of investments protection for 100 per cent of £50,000.

 

  • Home finance mediation: Advising on or arranging house purchase finance: protection for 100 per cent of £50,000.

 

  • Insurance Business: Non-compulsory insurance provision (both general and life insurance) protection for 90 per cent of the claim, with no upper limit.

 

  • General Insurance intermediation: Non-compulsory general insurance and pure protection contracts (for example, term, critical illness and income protection insurance) protection for 90 per cent of the claim, with no upper limit. 

A “Third Way” for UK Pensions and QROPS

"Third Way" - An Introduction:

This is an explanatory document about the evolution of Pensions in the UK now encompassing the benefits of globalisation, guarantees and Qualifying Recognised Overseas Pension Schemes (QROPS).

The Third Way looks at solutions to the volatility in investment markets and what appear to be long term low interest rates. These factors are beyond the control of individual investors but that have a huge impact on the willingness of individuals to make provision for retirement. 

The recent credit crisis has hugely damaged Pensions and Pensioners. Long held assumptions relating to pensions seem to have been swept away. The stock market’s volatility has resulted in pensions significantly dropping in value. The FTSE 100 index is still more than 20% lower than its peak in December 1999. The Bank of England have printed money to buy gilts, employers are cutting contributions - often substantially - to employee pension schemes and annuity rates have plummeted. The timing of this could not have been worse.

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