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Using a SIPP or SSAS funding commercial property investment

Using a SIPP (Self-Invested Personal Pension) or SSAS (Small Self-Administered Scheme) for Commercial Property investment

A SIPP, or Self-Invested Personal Pension, is a type of personal pension plan allowing individuals to have more control over the investments within their pension fund. Unlike standard personal pensions, which limit investment choices to a range of funds offered by the pension provider, a SIPP provides the flexibility to invest in a wide array of assets, such as stocks, cash and commercial property. SIPPS have been around for over 30 years, and they can be viewed as a tax efficient way of making an investment.

A SSAS, or Small Self-Administered Scheme, is a type of occupational pension scheme designed for companies, which are usually family run or owner managed businesses. It offers considerable investment options and can have multiple members, typically company directors or key employees.

 

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Both SIPP and SSAS pension schemes are favoured by those seeking financially advantageous retirement investment. This is due to there being no capital gains tax on properties that have ascended in value on sale and rental income received from renting out the commercial property not being subject to income tax. When property is held within the SIPP or SSAS it is not accessible to creditors, for example, in the event of personal or business insolvency.

When investing in commercial property via a SIPP or SSAS, a solicitor plays a crucial role in relation to property investment. These transactions are usually more complex than a normal commercial property acquisition as the requirements can be more stringent and the solicitor needs to deal with the administering pension trustees requirements as well as that of the member trustees. Stephensons’ commercial property team is experienced in dealing with all manner of SIPP or SSAS property transactions and we can assist with :

  • Property sales and purchases by SIPPs and SSAS’ and dealing with the SIPP/SSAS trustee requirements
  • Advising on loan and security documentation from commercial lenders or on personal loans from related trustees to the SIPP/SSAS
  • In-specie transfers of properties between pension schemes or transferring your existing property into a SIPP or SSAS
  • Advising in relation to trust deeds between various trustees in SSAS/SIPP transactions
  • Conducting due diligence including property searches, title reviews and raising enquiries.
  • Advice on Heads of Terms
  • Drafting and reviewing contracts.
  • Managing the transfer of funds and the taking of security over pension assets

When leasing a property we can assist with:

  • Negotiation and drafting commercial leases and dealing with the SIPP/SSAS trustee requirements
  • Property management, lease assignments and underlettings
  • Asset refinancing
  • Lease renewals.

When using a pension scheme to make a property investment, it is vital to draw on the right advice, we work with a close network of Property, finance and  Tax advisors as well as Surveyors to provide you with the whole advice solution needed. Making an investment in this way is complex and the compliance stringent. Having the correct advice is key. Call us today on 0161 696 6174 to see how we can assist.

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