SSAS PROPERTY CHATBOT REPORT:
Thank you for working your way through our SSAS PROPERTY CHATBOT – before you read the report below, please bear in mind that this is not to be taken as any form of ‘advice’. The report is for information purposes only and there may be specific technical details within your personal and business circumstances that changes the report’s findings.
If you want to arrange a FREE Tax and SSAS Consultation with the creator of this SSAS PROPERTY CHATBOT – please feel free to do so using the link below.
NOTE: Anyone with an existing SSAS Provider (i.e Professional Trustee, Administrator or Practitioner) may not have access to all of the solutions mentioned within this report. If that is the case – then you may wish to speak to Segmented Solutions about them taking on the ‘Practitionership’ of your SSAS. We do not offer a TRUSTEE or ADMINISTRATOR service – as we believe you should have total control and flexibility within your SSAS. All whilst having the support of an technically experienced Pensions Professional who acts as your Scheme Practitioner.
SUMMARY FROM YOUR CHATBOT:
You have (or will have!) a SSAS and are buying a Commercial Property from one of your existing businesses – which can be your property company, or even an LLP – the key here is that you are classed as a ‘connected buyer’ – which has implications later. It is also important that you have an independent 3rd party valuation to confirm the purchase price and any rent due. You cannot simply make up the figures even if a lower or a higher price would be ‘helpful’.
By ‘commercial’ we mean that the property is actually classified as ‘commercial’ at the local Council – rather than being a residential property that just happens to contain a ‘business’. Classification of C1 for example is ‘commercial’ but C3 or C4 may mean the property is not actually ‘commercial’ in pensions terms.
Your aim for this purchase is to rent it out (rather than sell). All the money you need for this deal is sat in your SSAS (or will be once you establish one!).
One really important factor with property planning using a SSAS is that of ‘trading’ – if your SSAS intends to buy, refurb, develop etc then sell – that is a ‘trade’ – which would trigger a tax charge on the profits of the trade. I guess if this were allowed almost everyone would use their SSAS to run a business and no Corporation Tax would ever be paid! So no matter what you want to do, if your intent up front is to buy in order to do stuff then sell – there is a risk of a tax charge. However using a GDCV or REIT turns these activities from a ‘trade’ into an ‘investment’ as the SSAS simply holds units or shares and all of the ‘activity’ falls into the GDCV or REIT. This can sometimes make all the difference to the property planning, rather than simply looking at the type of property and what you want to do with it. We have added this note to all reports regardless of what is or is not ‘allowed’ in terms of property ownership in the SSAS.
IS THIS ALLOWED IN A SSAS?
As this is a commercial property there are no issues with it being purchased inside your SSAS – the purchase costs can all be met from the SSAS fund and any rent received will be tax exempt as the landlord is a ‘pension’. As a ‘connected’ buyer it is important that there is a proper 3rd party valuation – rather than you simply plucking a figure out of a hat. The SSAS will become the owner and the Trustees need to have evidence that the price being paid is the right one.
ADDITIONAL NOTE:
As an investment, there are no special issues – a commercial property is allowed. It is OK for the Sponsoring Employer to rent the property too, as it will simply be a tenant like anyone else.
Having all the money available in the SSAS removes any of the issued related to SSAS Borrowing too.
All rent and gains on sales will be tax exempt as the investment is held within a SSAS Pension.
VAT NOTE:
If the commercial property has been ‘opted for tax’ – this will mean that the SSAS itself will need to become VAT Registered and charge VAT on the rent it charges. The process whereby a SSAS gets a VAT number is different to other ‘trades’ – because a pension cannot trade! Some accountants and VAT advisors can be uncomfortable with this SSAS specific process – which is why Segmented Solutions Limited offers a ‘SSAS VAT REGISTRATION’ service (£500 + VAT). This includes the VAT Registration and support with setting up any software needed for submitting VAT returns under the ‘Making Tax Digital’ regime. (A SSAS does not have a UTR like a company or an individual, so the software itself needs to deal with this issue – hence our SSAS service is often required at this point too).
When buying an ‘opted’ property don’t forget that VAT will be applied before SDLT is calculated – so the overall costs will be higher than the sale price on the property particulars. However there may be an SDLT exemption to assist with this.
If buying a commercial property and the tenant is staying on and becoming a tenant of the SSAS (the new landlord) – then the purchase may qualify for a VAT exemption as the purchase could be a ‘transfer of a going concern’ (TOGC) – meaning that there will be no VAT payment due and therefore less SDLT too.
TOGC rules are very specific – the existing tenant must be staying on. The existing tenant cannot be connected to the buyer and they must have a proper lease rather than be renting out the under stairs cupboard. Even if the purchase qualifies for this exemption – the SSAS will still need to have sent in their VAT application BEFORE completion.
SDLT NOTE:
If your business that is selling the property has the same owners (Directors/Shareholders or Partners) as the SSAS has Member Trustees – then the property purchase is between connected parties and there is an exemption to SDLT that can be applied. This is specialist work and is carried out by our SDLT partners. In simple terms the SDLT will be reduced to zero with a cost of advice being paid instead of SDLT. The saving being approx 75% of the SDLT that would have been paid.
We will hand hold you through this SDLT planning and assist with the introductions as needed.
CONVEYANCING NOTE:
As you are buying from a ‘connected’ party, the Solicitors doing the conveyancing will need to have 2 offices – one to represent the SSAS and one to represent the seller – so if you want to use a Solicitor who is fully up to speed on ‘SSAS & Connected Party’ – we can point you in the right direction. The Solicitors we use have a London Office to look after the SSAS and a Manchester Office to look after the connected company seller. Everything is tidied up and there is no conflict of interest – which would be the case if using 1 Solicitor in 1 office.
WHAT NOW?
If you want to establish a SSAS – there is a complete SSAS Establishment guide in the link below. All the documents and costs are explained in full. There is even a video that takes you through the entire process so you know what to expect.
If you run a profitable business and want to discuss your specific needs – before committing to a SSAS, then please book a free call with us – so we can assess your situation properly and make sure your plans will work for a SSAS. The booking link is also below.
Thank you again for your time in using our SSAS Property Chatbot – we trust it was a useful tool.