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Executive Pensions Pensions are a vital part of the remuneration package for all employees, but particular issues arise for more senior individuals.
High earners One of our specialties is the design and implementation of pensions benefits for high earners including those who will be affected by the Lifetime Allowance (initially £1.5m) and/or the Annual Allowance (initially £215,000 per annum) which replaced the earnings cap from 6 April 2006. At Sacker & Partners, we have the expertise to: * set up unfunded
unapproved retirement benefits schemes (UURBS) secured or unsecured Overseas issues We have practical experience of how to establish these arrangements for employees of UK multinationals who are posted overseas. We advise on: * pension provision
during postings to and from the UK; Disclosure The disclosure of directors' pension benefits in the company's annual accounts can be sensitive and must be handled appropriately.
Termination When an executive leaves office we are often asked to advise on the pensions aspects of any termination package, either by the company or by the executive.
Our team The Executive Pensions Team has in-depth expertise and experience of dealing with pension benefits for senior individuals. For further information, please contact Peter Lester or Paul Phillips on 020 7329 6699.
Inheritance Tax and
Pension Planning As from April 2006
new regulations will govern SIPPs ? Self Invested Pension Schemes. Here
is a quick guide to the main points: No need to buy an
annuity. If you keep the SIPP
till 75 years of age the minimum withdrawal is zero per annum but you
can take 25% tax-free. The SIPP is made up of 1000 units. Of the entire
fund thus in year 1 you can take 25% of each and every unit you can then
continue to take 25% of the remaining units at the value later on i.e.
benefit from increase in value. If you die before
75 there is some tax namely 35%. If you survive after 75 there is no tax
but the balance of the fund must go towards funding pensions for others
e.g. children or grandchildren etc. i.e. you can then start them on their
own Pensions. It is wise to have many grandchildren, because the maximum
you can contribute to each is £215,000. The SIPP is going
to be rather like an ISA with a tax wrapper. Tax is deducted at
source on drawdown. On death a spouse
can step in and continue to take the Pension. There is very wide
individual freedom of investment up to the maximum allowed of £1.5m.
This will go up in steps varying from £100,000 in a year to £50,000
in a year for the next 5 years and then be reviewed by the Revenue. If
the fund goes above that there will be tax on the profit. You can 'opt out'
(but you are only allowed to opt out once) and then opt in again. This
needs careful consideration each year. Tax Relief is given
at the marginal rate on contributions to the fund. You need to consider
carefully the weightings as you get older (e.g. you may want to get more
of the weighting towards secured investments e.g. Gilts or Corporate Bonds).
On Corporate Bonds and Gilts there is no tax payable by the fund on the
interest. The tax deducted on
share dividends cannot be recovered. SIPPs will provide an excellent tax free haven for investment and with scope for tax planning for the family. This is only a broad indication of the scope available and should not be relied upon definitively. The detail is more complex and the circumstances of each individual (and of his or her family) must be considered carefully before any steps are taken. The Capital Taxes Office frequently examines the circumstances surrounding SIPP's on death.
To speak to a lawyer about Pensions, Inheritance Tax, Trusts or related matters, telephone Felix Appelbe on 020 7242 7000
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