Pension Vehicles and Enduring Power of Attorneys

We all know the importance of having a will in place (at least I hope we do!), but what happens in the event of illness or disability? Normally, in the event of incapacitation, the individual’s assets are frozen and no activity is permitted until the person recovers from the illness or disability. The only way assets can be unfrozen is by the time-consuming and potentially expensive process of having the person appointed a ward of court and then going back to the court whenever a decision has to be made.

Increasingly, we are seeing advisors become frustrated that they are unable to take instructions from their clients regarding investments in retirement vehicles due to reasons of ill health. In our experience, the advisors can come under pressure from the client’s family for perceived inaction and the pension provider’s hands are also tied in the event of the client being unable to give instructions.

Ideally, all clients who are in post-retirement vehicles should be advised to put an enduring power of attorney (EPA) in place. An EPA is a legal instrument executed by a person (the Donor) when they are in good mental health. It allows for the appointment of another (the Attorney) to take actions on the Donor's behalf in the event of incapacity.

In planning ahead and making an EPA, a person is able to give their instructions whilst they are of sound mind, in anticipation of the possibility of not being capable at some future date of managing their affairs as they would otherwise wish. Obviously, it is difficult for someone to contemplate that they may ever lose their ability to manage their affairs.  However, an EPA can ensure that, if this does happen, a person’s financial affairs will be looked after by someone they themselves have chosen and trust.

An individual can opt to appoint more than one attorney, and if they do, they must decide whether they are to be able to act jointly (that is, all act together and not separately), or jointly and severally (that is, all act together but also act separately if they wish). This ensures there is the possibility of a collective decision.

The EPA can be drafted in a manner that limits the assets over which the EPA takes effect. For instance, the EPA can be limited to investment decisions over the donor’s retirement vehicles. This is particularly useful where the client wants to segregate decision making in the event of his incapacity.

The EPA legislation provides for a number of safeguards for the Donor such as the requirement for a medical practitioner to sign off on the donor’s capacity both at the time of making the EPA and at the time of enforcing it.

The completion of an EPA does not restrict an individual’s right to go on looking after their own affairs for as long as they are capable. But what it does do is give them comfort that their affairs will be managed in the event of their incapacity.  It may never be required and can also be revoked at any time by the Donor provided they are in good mental health.

Overall, a very useful piece of paper to have in place…

Paul Gilmer 

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

Why PRSA's are still relevant

The introduction of imputed distributions announced in November’s budget caused some concern to fans of the PRSA. The Memorandum published by the Department of Finance immediately after the Minister’s Budget speech proclaimed that income tax should now be paid on 5%/6% of PRSAs post retirement but also that the tax should be calculated on the aggregate value of all of an individual’s PRSAs once benefits were taken from just one of them. 

The proposal led some advisors to state that the PRSA was no longer a useful vehicle to hold pension benefits. The clarification provided by Finance Bill 2012 that the imputed distribution would only apply to post retirement assets brought some relief.

However, for many reasons we still see the PRSA as a useful and flexible vehicle for pension planning, even after the introduction of the imputed distribution. Here are a few reasons why:

1. There is no imputed distribution where the PRSA investor has not drawn down benefits.
2. Income from UK property held in a PRSA, as opposed to an ARF, can be taken tax-free.
3. Where no benefits have been accessed, the fund goes to the PRSA holder’s estate tax-free. In the same circumstances, benefits of an occupational pension scheme have to be spent buying an annuity for dependants.
4. The PRSA allows you to consolidate personal pensions and frozen occupational benefits and facilitates the transfer of benefits from a personal pension to an occupational pension scheme.
5. The PRSA offers statutory protection against creditors, the ARF does not.
6. The PRSA allows you to split benefits which allow significant planning opportunities.
7. A PRSA investor who is also a 20% director and who wishes to retire before Normal Retirement Age is not compelled to sell his/her shareholding of the employer company.
8. A PRSA investor can continue to contribute until age 75, no matter whether benefits are taken or not.
9. The PRSA is the most carefully regulated pension product in the country, thus meeting the demands of the ever more attentive pension client.
10. The PRSA is still the only pension vehicle which allows all types of contributors; the employed, the unemployed, those without Schedule D or E income.

We will of course continue to keep you updated with developments in the Pension’s area as the finance bill runs through the houses of the Oireachtas.


More information on ITC's PRSA here.

Women taking 'huge financial risks' by relying on partners for support

Thursday 8th March marks International Women’s Day. This day has been observed since the early 1900s and since then we have witnessed a significant change and attitudinal shift in both women's and society's thoughts about women's equality. With more women in the boardroom, greater equality in legislative rights, and an increased critical mass of women's visibility as impressive role models in every aspect of life, one could think that women have gained true equality.

Why then has a new academic study found that a majority of females rely on their partners to pay for their retirement?

Less than one in three women who are entitled to a state contributory pension qualify for the full €230 a week payment, a study by academics from NUI Galway and Queen's University, Belfast, found. A majority of men, by contrast, end up with the full state pension when they retire.

Women have inferior pensions compared with men because they are mainly engaged in low-paying jobs or only work part-time and do not earn enough to qualify for a full state pension, with most of them not paying into a private retirement fund.

The fact that the primary role of many women is caring also accounts for poor pension provision among women.

The study, 'Older Women Workers' Access to Pensions', found that many depend on their partners' or husbands' incomes for a secure future, even though they may well outlive them as women tend to have longer life expectancies. This is a high-risk strategy because they could be left with nothing in the event of a separation, divorce, widowhood, illness or redundancy.

Women only tend to become aware of the importance of having a personal pension late in life when it becomes too expensive to fund for an adequate pension.

With an aging population and the Trioka having already signalled that state benefits to pensioners should be reduced, the notion of a state sponsored retirement is a high risk strategy. Supplementary pension coverage and contributions through private pensions must be increased to improve adequacy of incomes in retirement. 

They say life begins at retirement and for many women while it will be nice to get out of the rat race, without an adequate private pension they have to learn to get along with a lot less cheese. 

Emer Kirk

Independent Trustee Company



You saw them here first!

For those of you who attended our Knowledge Forum in November 2010, you will remember Niall Harbison of Simply Zesty who spoke to us on 'Building your Brand through Social Media'. It was announced today that Simply Zesty have been acquired by UTV for £1.7 million. We would like to wish Niall and his team the very best of luck for the future. You can read the full article here.

Simply Zesty co-founders Niall Harbison and Lauren Fischer

Our next Knowledge Forum is taking place on Wednesday 14th March at 8.00am in the form of a webinar. The webinar titled 'What the Advisor needs to Know' will cover a 'Pensions Update' by Aidan McLoughlin, Managing Director of Independent Trustee Company and a presentation on 'Adopting your Business in a Changing Market' by Executive Coach John Murphy of John Murphy International.

An application for 1.5 hours of CPD will be made.


There are still a limited number of spaces available, please click on the link below to register.

Lobbying the Oireachtas Committee - Part 4

In the fourth part of our video blog series on the presentation to the Orieachtas, Aidan McLoughlin discusses an innovative idea that would allow early access to tax free lump sums.

Lobbying the Oireachtas Committee - Part 3

In the third part of our video blog series on the presentation to the Orieachtas, Aidan McLoughlin discusses the recent announcement that the government are to review the costs of pensions. Could applying international standards improve the pensions industry?