Buying Property through a Self-administered Pension

A report issued on Monday 26th March from the Central Statistics Office confirmed that residential property prices fell by almost 18 per cent in the year to February. Recent surveys have estimated that property prices have actually fallen by 55 per cent to 60 per cent from the peak.

While property prices have fallen dramatically, a recent CSO report has shown that Irish residential rents are continuing to rise 3% annually. This presents an opportunity for individuals who are fortunate enough to have cash in their companies and wish to invest in property. How this can be achieved in the most tax efficient way is the next question.

                                                                 CSO Report. Residential Property Price Index. [Image Online].Available at: http://namawinelake.wordpress.com/2012/03/15/cso-reports-irish-residential-rents-continuing-to-rise-3-annually/. [Accessed 26/03/12].

There are three obvious ways of doing this:

• The cash could be extracted from the company by the shareholder of the company and the property purchased by the shareholder after paying income tax,
• the property could be purchased by the company or
• the property could be purchased through aself-administered pension.

The self-administered pension can be the most efficient route of achieving this for the reasons set out below.

Extracting cash and then buying the property

Extracting funds directly from the company to purchase the property personally would give rise to significant income tax and potentially company law problems, so that generally will not work. 

Buying property through the company

If the property is bought through a company, there will be corporation tax on rent received (as well as a close company surcharge). In addition there will potentially be corporation tax on chargeable gains, if the property is sold, although the new relief from CGT on sales of properties held for 7 years could help here. However the same tax problem described above when sales proceeds are extracted from the company will apply. It should also be noted there are anti-avoidance provisions which prevent cash extraction at CGT (rather than income tax) rates which could also come into play. Furthermore purchasing an investment property in a company can adversely impact on the availability of CGT retirement reliefs and  CAT business property reliefs which may be relevant in due course.     

Buying property through a self-administered pension 
The alternative is to purchase the property through a self-administered arrangement. On the basis that the required contribution can be made (which involves a funding assessment),

• a corporation tax deduction would be available for the company’s contribution and 
• the rent could be received tax free in the pension.
• there is no CGT on sale of Irish residential property by a pension

On retirement 25% of the fund can be taken tax-free by the client with the first €200,000 tax free with the balance from €200,000 to €575,000 taxed at 20%. The property could be transferred in specie to an ARF post retirement and could continue to generate a post retirement income.   

This illustrates how the self-administered route still makes sense as a tax efficient way to buy property.  

Barry Kennelly
Associate Director Solicitor AITI TEP
ITC Consulting

Investment in Ireland

When you consider the level of investment needed in Ireland to:
1. Pay for the banking crisis

2. Fund the government deficit

     3. Provide finance to long suffering businesses


You would think every aspect of our investment regime would be structured to maximise the flow of funds. In fact, the exact opposite is happening!

Irish pension funds are sitting on €80 billion in assets. A reducing amount of this is invested in Ireland.

Concerns about the level of equities in Pension Funds means they are selling equities. The volatility of Irish government debt means they cannot invest in this either. SME investment is handicapped by a range of Revenue rules dealing with close companies.

Even the annuity market cannot claim to be immune: whilst the yield on Irish Gilts rocket upwards annuity rates remain depressed because of the need to back them with German Bonds.

To borrow loosely from Coleridge: “Money Money everywhere and Everyone Going Broke”.


Author: Aidan McLoughlin


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Disclaimer: 

• The opinions expressed are those of the individuals rather than Independent Trustee Company.
• Independent Trustee Company does not take responsibility for the accuracy of any content.
• The contents cannot be construed as advice.
• We would strongly suggest that any information provided should be discussed with your financial adviser before any action is taken.

How Much is Too Much?

We all know that Irish pension funds lost more value in 2008 than the pension funds of any other major economy. Belatedly the Pension Board has indicated that this is because Irish pension funds have too much invested in Irish equities. How do they know this? The question isn’t as stupid as it sounds.

Basic investment philosophy for at least 5 decades has suggested that returns above inflation are best achieved by investing in real assets such as equities. Various investment gurus have established that the risk inherent in equity investment can be significantly reduced by:

1.                  investing over a long period of time

2.                  investing regular amounts rather than lump sums and

3.                  using a diversified portfolio

All of these are available to Irish pension funds.

In addition, our population profile would suggest we have one of the youngest populations in Europe and (until very recently) a growing population.

Does that not mean therefore that we should have more invested in equities than any other country in Europe? If this is the case then events like 2008 will have a short term impact on fund values. However, overall the fund should continue to out-perform in the long term.

Unless, of course, you decide to get out of equities at the bottom of the market – thereby crystallising the loss and missing the bounce. Which you might do if your Regulator was saying you had too much in equities.

Author: Aidan McLoughlin

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Disclaimer: 

• The opinions expressed are those of the individuals rather than Independent Trustee Company.
• Independent Trustee Company does not take responsibility for the accuracy of any content.
• The contents cannot be construed as advice.
• We would strongly suggest that any information provided should be discussed with your financial adviser before any action is taken.

The Not so Smart Economy

Attracting high-end employment into Ireland is more difficult than ever. How do you get the scientists and the decision makers to come to Ireland to drive on the development of the smart economy?

One smart idea would be to consider that the key decision makers are likely to be 45 plus and to be very conscious of pensions. If you have a generous pension system these individuals could see a real benefit to locating their key people here. There is no cost to Ireland as:

1.                  The benefits will be paid by employers at a tax cost of 12.5%

2.                  75% of the benefits will be taxed to income tax at rates of up to 50%

Just when you think we are onto a winner the government finds a way to mess it up. By proposing that tax free lumps above €200k be taxed, the government could generate tax savings of €4m to benefit the Irish economy ……and drive away multinationals worth billions a year for the economy!

Still “fumbling in the greasy till and adding the halfpence to the pence”.
How smart is that?

Disclaimer: 

• The opinions expressed are those of the individuals rather than Independent Trustee Company.
• Independent Trustee Company does not take responsibility for the accuracy of any content.
• The contents cannot be construed as advice.
• We would strongly suggest that any information provided should be discussed with your financial adviser before any action is taken.