Pension Services

 

When buying, selling or letting commercial property through a pension scheme you need a team who are experts in dealing with the complexities of investing property in a pension scheme.

Lead Contact

Wendy Martin

Legal Director, Solicitor

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Commercial Property Pension experts

SIPP and SSAS pension schemes are an extremely popular choice for clients, largely due to the substantial tax advantages, among other benefits, making these schemes increasingly popular with those planning for the future.

When buying, selling or letting commercial property through a pension scheme you need a team who are experts in dealing with the complexities of investing property in a pension scheme.

If you are looking to invest in a pension scheme through the purchase of commercial property, then please contact one of our experts.  We can provide advice to ensure your investment is properly protected.  We will identify any legal issues that could arise at the time as well as those that could arise further down the line and ensure all legal documentation is in place to provide you with comfort and piece of mind.

There are two mechanisms for buying property through a pension, a SIPP or a SASS.  Through these vehicles you can buy commercial property either to use as a business premises and lease it back to the company, or as part of an investment portfolio.  These schemes will usually be set up by your insurance company or a specialist pension provider

Our commercial property experts have extensive experience of pension property investment and liaising with pension providers to ensure you are fully advised on the most beneficial structure to protect your interests, including :-

  • Buying or selling commercial property into a pension fund
  • Leasehold management, including dealing with leases, assignments and sub-letting
  • Securing mortgages against pension properties
  • Transferring properties between pension funds
  • Advising on and documenting trustee’s obligations
  • Advising on lease renewals, dilapidations, recovery of rents and any property dispute you may become involved in, such as right of way disputes

What is a SIPP?

A Self-Invested Personal Pension Schemes, or SIPP, is a personal pension plans that allow you the flexibility to decide what forms part of your investment portfolio. SIPPs are often defined as a ‘pension wrapper’ which allow you to invest various securities including commercial property and land in your pension scheme which you can later draw upon during retirement.

What is a SSAS?

A Small Self-Administered Schemes, or SSAS, is an occupational pension scheme often set up to enable the directors and employees of a company to use their pension plans to invest back in the business. These schemes are established under a trust, with investment decisions being made by the appointed trustees.

What are the benefits?

Investing through these pension vehicles has several benefits, including:

  • It is usual for the property to be tenanted and for the rent to provide a regular income into the pension plan, which is free from income tax.
  • Any outgoing rent is an allowable expense for corporation tax purposes.
  • The sale of property does not attract any capital gains tax.
  • Personal insolvency will not affect property owned under such a scheme.
  • Assets owned under the scheme will fall outside of your estate for inheritance tax purposes (subject to certain exceptions).
  • Lenders may grant a loan of up to 50% of the net asset value of the pension scheme.

How can we help?

At Ellisons, we have a dedicated team of professionals who can help.

Don’t know where to start? We can provide you with general advice about SIPPs and SSASs. Our independent financial advisers can also provide personalised advice surrounding your finances here.

Want to use your pension scheme to invest in property? We can assist you with purchasing, leasing and charging commercial property here.

Want to change the way you are currently investing? We can act for you in selling, assigning, transferring and sub-letting property here.

Experiencing difficulties with your property or tenant? We can help you resolve disputes, recover unpaid rents and guide you through the court process if necessary here.

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If you have any enquiries please contact any one of our specialist team who would be pleased to advise you on your options. You can also contact your lawyer individually from ‘Our People’ using the link below.

Our People


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