Pensions – Cracking the Crunch For financial adviser use only.

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Pensions – Cracking the CrunchFor financial adviser use only

Agenda

Latest issues

Pensions Week

Support

Agenda

Latest issues

Pensions Week

Support

Latest issues

FSA thematic review

Allowance freezes

Protection deadline

Safeguarded Rights

National Insurance

Agenda

Latest issues

Pensions Week

Support

Monday – Johnson Associates

Monday – Johnson Associates

Johnson Associates Ltd

THE CRUNCH

Turnover decreased last year and the company are looking to save on payroll costs.

The company facilitates a stakeholder plan for staff who are also ‘feeling the pinch’

Can they reduce payroll costs AND save money for employees?

• Employee direct contribution

• Net contribution £50 • Tax relief added £12.50

• Total £62.50

• Reduction in net salary

• Reduction in net salary £50• Tax saving on salary £14.49• NI saving on salary £7.97• Total £72.46

Employer NI saving £9.27Salary sacrifice allows an additional 16% contribution + employer NI saving.

OR 30.8% if all added to plan

Example 1: basic rate taxpayer with salary below the UEL

If higher rate taxpayer above UEL total additional contribution is 14.7%

What next?

Business owners

Salary exchange / sacrifice

Tuesday – Smith Bros. Ltd

Smith Bros. Ltd

Brian’s take home pay is £35,468 a year, but he pays anything over £32,000 into a pension

Charles is an equal shareholder and wants

to maximise income

Brian’s take home pay is £35,468 a year, but he pays anything over £32,000 into a pension

THE CRUNCH

Brian’s fund value has fallen and he is looking at topping up but cannot afford a drop in income.

Smith Bros. Ltd

2008 / 2009 dividend / salary combinations

Brian needs net income of £32,000 and can afford to pay £3,468

net into a pension(£5,780 gross)

Profit available (each)

Salary

Employers NIC

Pension contribution

Net dividend

Mainstream CT

Income tax on salary

HRT on dividend

Employee NIC

Employee net income

Profit extraction

55,704

50,000

5,704

0

0

0

10,626

0

3,906

35,468

63.7%

55,704

50,000

5,704

0

0

0

10,626

0

3,906

35,468

63.7%

Charles

55,704

29,800

3,119

0

18,000

4,785

4,753

2,017

2,680

38,350

68.8%

Brian

55,704

17,674

1,567

13,678

18,000

4,785

2,328

0

1,346

32,000

82%

Profit available (each)

Salary

Employers NIC

Pension contribution

Net dividend

Mainstream CT

Income tax on salary

HRT on dividend

Employee NIC

Employee net income

Profit extraction

2008 / 2009 dividend / salary combinations

What next?

Business owners

Salary exchange / sacrificeSalary / dividend / pension

Wednesday – Maxwell Trading Ltd

Wednesday – Maxwell Trading

Stephen is looking to sell his business.

THE CRUNCH

Due to the downturn he has decided to defer this for a couple of years

He is going to use the sale of the business as his pension

Meanwhile, he has sold some of the assets and is holding cash within the company.

Entrepreneurial Relief

18% Capital gains tax applies on the sale of a business

Any gain under £1m reduced by 4/9ths (effective rate 10%)

Only available for ‘qualifying’ companies.

Will Stephen qualify?

Stephen is the controlling director for Maxwell Trading Ltd.

BUT

How much is non-trading?

Basically, non-trading activities should not make up more than 20% of:

• Turnover from non-trading activities• Company’s asset base • Expenses incurred • Time spent undertaking company’s activities• Historical context of the company

Without entrepreneurs’ relief

Ignoring annual CGT exemption

i.e. £555,556 @18% = £100K

i.e. £1m @18% = £180K

Entrepreneurs’ relief - one year

Gain ER CGT Proceeds kept

£1m £nil £180k £820k

Effect of keeping surplus cash within 20%

Gain ER CGT Proceeds kept

£1m £444k £100k £900k

Surplus company

cash £400K

Surplus company

cash £150K

Solution

Stephen decides to keep cash under 20% of assets

Pension contribution of £200,000 to be made.

Should he offset this against this years Corporation Tax?

Year 2007/8 2008/9

Profit before contribution

£50,000

Tax Rate 21%

Contribution £50,000

Relief £10,500

Solution

Stephen decides to keep cash under 20% of assets

Pension contribution of £200,000 to be made.

Should he offset this against this years Corporation Tax?

Year 2007/8 2008/9

Profit before contribution

£100,000 £50,000

Tax Rate 20% 21%

Contribution £100,000 (c/b) £50,000

Relief £20,000 £10,500

Corporation tax relief £30,500 = 15.25%

Solution

Stephen decides to keep cash under 20% of assets

Pension contribution of £200,000 to be made.

Should he offset this against this years Corporation Tax?

Year 2006/7 2007/8 2008/9

Profit before contribution

£400,000 £100,000 £50,000

Tax Rate 32.75% 20% 21%

Contribution £50,000 (c/b) £100,000 (c/b) £50,000

Relief £16,375 £20,000 £10,500

Corporation tax relief £46,875 = 23.44%

What next?

Business owners

Salary exchange / sacrificeSalary / dividend / pensionReview pension funding in time for company year endOffset previous corporation taxQualify for entrepreneurial relief

Thursday – Alan Cooper

Alan - USP benefits

Alan took cash from USP in May 2006. He draws no income and at outset had no Lifetime Allowance issues.

THE CRUNCH

The pre-budget report announced a freeze on Lifetime Allowance at £1.8m from 2010/11 to 2015/16.

Impact on Alan?

Second Benefit Crystallisation Event

•Original fund available May 2006 £1.2m

80% SLA•After cash (£300,000)•Fund left £900,000

•Age 75 (2016) SLA is £1.8m•Fund is £1.5m•Amount of remaining fund already tested (£900,000)•Leaves fund for SLA test £600,000

•BUT only has 20% SLA left £360,000•Remainder liable for tax charge £240,000

Solution

Alan’s daughter is expecting a son.

3rd Party contributions using income from Alan’s USP?

Payment of £240pm is £300pm in grandson’s pension

After 16 years

At grandson’s age 60

For grandson to fund from age 25, cost

All figures assume a 7% growth rate, 1% annual charge

£95,000

£1.2m

£900pm

What next?

Business owners

Salary exchange / sacrificeSalary / dividend / pensionReview pension funding in time for company year endOffset previous corporation taxQualify for entrepreneurial relief

Individual clients

Revisit existing USP clients – are they in for a surprise?Consider ‘Generational’ financial planning

Friday – Robert Seymour

Friday - Bob

Due to an MVR, he has a transfer value of £80,000

Bob is 45, planning to retire at 65

The current value of Bob's fund is £100,000

THE CRUNCH

He has a PPP which is a paid up policy in a closed

with-profits fund

FSA Reports

Cost comparisons

Good practice

“The firm set out a section in its template suitability report outlining any switch penalties on the ceding scheme and clearly explained the impact of charges of the switch. They did this by comparing the reduction in yield (RIY) figures for the ceding and new scheme (they used a software system to calculate the RIY of the ceding scheme)”.

FSA: ‘Quality of Advice on Pension Switching’ December 2008

Example output

Product Suitability considerations

Important to review whether the features of the current plan still meets the needs of the client. For example:

•Can the plan still accept new contributions?

•Fund choice – mix of managers / fund styles?

•Option to self-invest

•Drawdown option (including protected rights)?

•What is asset mix of With Profit funds?

•Service levels

•Financial strength of provider

Product Suitability considerations

But there may be valid reasons why retaining the current plan is in the client’s best interests. For example:

•Basis of death benefit may change

•Risk benefits (life cover, waiver of contribution) may not be available on same basis/terms

•Guaranteed Annuity Rates

•Tax free cash entitlement

FSA Reports

Matching the recommendation to the customer’s ATR and personal circumstances

Good practice

“The firm used a risk profiling tool to make an initial assessment of the customer’s ATR.

They then used a stochastic modelling tool to create a series of model portfolios, with the individual funds selected by an independent fund research company.

Although systematised, the approach was not used as a ‘black box’ – the tools were used as a basis for discussion and the process was adapted, when merited, for individual customers”.

FSA: ‘Quality of Advice on Pension Switching’ December 2008

Demonstrating Risk and Reward

Portfolio Architect produces a client facing report

Shows:

•Risk profiling•Asset allocation•Product selection•Forecasting

Client report is available in Rich Text Format (RTF), therefore allowing the Adviser to add or amend if required

What next?

Business owners

Salary exchange / sacrificeSalary / dividend / pensionReview pension funding in time for company year endOffset previous corporation taxQualify for entrepreneurial relief

Individual clients

Revisit existing USP clients – are they in for a surprise?Consider ‘Generational’ financial planning Revisit plan suitability

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Pensions Week

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IMPORTANT NOTES

• This item is aimed at financial advisers only. If you reproduce any part of this information for use with retail clients, you must ensure it conforms to the Financial Promotion rules. In addition if used to advise retail clients you are subject to the advising and selling rules and you are responsible for any financial advice which you provide to your clients   

• The information is based on our understanding of current legislation and HM Revenue & Customs' practice, which is subject to change.

• The value of an investment may move up and down and cannot be guaranteed.

• Full details are available from Clerical Medical.Part of the Lloyds Banking Group.Issued by Clerical Medical Investment Group Limited.Registered Office: 33 Old Broad Street, London EC2N 1HZ. Registered in England and Wales. Registered number 3196171. Authorised and regulated by the Financial Services Authority.

www.clericalmedical.co.uk

Compliance Ref No: A0122 Item expires: 27/08/2009