2.1 Connected transactions
Following the 6th April 2006 legislation changed that will now allow transactions
between a pension scheme and a member. This means as long as a property is sold
and purchased at a commercial price verified by an independent qualified person
then these transactions may proceed. In effect you may buy and sell commercial
property to and from you pension scheme (SIPP) so long as it at the true value.
Please note some aspects of this are still to be verified.
2.2 Timescales
Purchases involve a number of different tasks and several different parties.
Some tasks involve "external" people (e.g. the Seller and the Lender, if any)
who may be unfamiliar with the special requirements of a pension scheme
purchase.
It is possible for a purchase to be completed in a few weeks but more
realistically it could take up to 2 months or more, especially if unforeseen
complexities arise. If a loan is involved this often increases the timescales.
Your own Solicitor will be co-ordinating the transaction up to its final stages
so if there is a particular urgency you should let him know.
ALL ENQUIRIES AS TO PROGRESS SHOULD BE MADE THROUGH YOUR OWN SOLICITORS.
YOU MUST NOT MAKE ANY COMMITMENTS TO PARTICULAR TIMESCALES WHEN AGREEING HEADS
OF TERMS WITH THE SELLER. TARGET EXCHANGE OR COMPLETION DATES MUST BE AGREED
WITH OUR OWN SOLICITORS.
2.3 VAT
It may be appropriate for your Fund to be registered for VAT.
L&C Pensions cannot advise you on this or deal with VAT
accounting and returns.
Your own accountants may be able to assist you or you may use the services of
the Scheme Administrator's own Accountants subject to their normal charges.
Some administrative input will also be required by L&C Pensions. The fees will be quoted on request according to the particular
circumstances of your property.
If an election for VAT is to be made it is important that action is taken
before completion of the purchase.
2.4 Costs
All costs will be paid from your Fund unless you request other arrangements
which are acceptable to L&C Pensions. If this applies you should complete the relevant
question on the Proposed Property Purchase Form.
Typical costs for the purchase of a property valued at £125,000 might be as
follows (These are in addition to the normal SIPP charges and all charges are
subject to the addition of VAT):
1 - Survey/valuation fee £ 750 Estimate
2 - Stamp Duty (1%) £1,250 2
3 - Your own Solicitors fees £1,700 Estimate
4 - L&C Pensions Solicitors fees purchase, registration etc £
950
5 - Estimate lease £ 400 Estimate3 borrowing (if any) £ 400 Estimate
6 - Lender loan arrangement fee £ 700 Estimate
7 - Administration charge for purchase £ 550
8 - Administration charge for new mortgage £ 250
Total required (approximate) £6,700
1 The surveyor and your own solicitor are chosen by you and will confirm their
actual charges with you or L&C Pensions own retained surveyors may
be used.
2 1% of purchase price for properties between £125,000 to £250,000
3 Actual charges will vary according to the work involved in a particular case.
4 Assumed to be 1% of loan on borrowing of £70,000
5 This is the standard fee currently charged for processing this type of investment.
For purchases initiated after this date it will be increased
approximately in line with inflation. If a purchase has special features or is
particularly complex or protracted L&C Pensions reserve the right to make an additional
charge. This would apply, for example, if the property is not single tenanted,
if special contamination or other investigations prove necessary or if any
developments, improvement or similar work is involved. The charge may also be
increased if regulatory or other considerations lead us to alter our
procedures.
Once the property has been bought there will be ongoing "servicing" costs which
typically could be as follows:
Property management £ 485 pa deducted from your Fund quarterly in arrears*
Administration £ 350 pa deducted from your Fund**(+£100 if borrowing in place)
Insurance £(variable) usually recoverable from the tenant
L&C Pensions reserve the right to make an additional charge if additional work is caused by changes
in regulations or the requirements of any external authorities or if
exceptional work should arise in a particular case. This would apply, for
example if there were any development, improvement or other work undertaken.
These costs are current at the time of publication but may be changed. Current
costs will be confirmed upon receipt of completed Proposed Property Purchase
forms.
Expenses will arise from time to time in addition to the fees for the fund
itself, for example:
Insurance premiums (if these are not recovered from the tenant)
Possible additional inspections by Managing Agents needed as a consequence of
an application for consent to alter etc
Other works required in connection with the property
Costs imposed on the owner by external parties, for instance in connection with
provision of services, maintenance of roads, etc.
Legal and administration costs associated with any subletting
If there should be insufficient money in the fund to meet these costs and if
there are rental voids then L&C Pensions will request that
sufficient money be made available by the member. If this is not, or cannot be
forthcoming for any reason L&C Pensions may have to instruct the property to be
sold.
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