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23Aug/110

Writing Down Allowances and Pools

In a separate article, we looked at First Year Allowance (FYA) that typically involves allowing taxpayers to write off a percentage of the expenditure of providing a capital asset in the year it was acquired. Writing Down Allowance (WDA) is different in that you can claim up to a set percentage of the balance (such as 20%) to be claimed as capital allowance each year. The allowance is calculated on the written-down value, i.e. original cost minus all the capital allowances claimed in past years.

The above practice is clearly evident in the case of single assets. In the case of these assets, when the asset is disposed off, the disposal value is compared with the written down value and a “balancing adjustment” is made. If the disposal value is higher, the excess capital allowance claimed in past years is added back in current year as “balancing charge.” If the disposal value is lower than the written down value, the difference in value is allowed to be claimed in that year as “balancing allowance.”

The scenario becomes somewhat complex when more than one asset is “pooled” for capital allowance purposes. Pooling involves adding expenditure on new assets to the pool total and deducting disposal proceeds from the total. If disposal proceeds exceed the expenditure in the pool, the excess is added to income as balancing charge.

Balancing allowances are not allowed in the case of pooling until the qualifying activity ends. At that time, any remaining qualifying expenditure in the pool is allowed as a balancing allowance.

Certain assets are required to be accounted separately for capital allowance purposes. These are single asset pools, and either a balancing charge or balancing allowance can arise when the asset is disposed off. Assets to be maintained as single asset pools include:

  • Cars above the cost threshold where the expenditure was incurred before 1 April 2009 (where the taxpayer is within the charge to corporation tax) or 6 April 2009 (where the taxpayer is within the charge to income tax) CA23500;
  • Short life assets CA23600;
  • Ships CA25000;
  • Assets used partly for other purposes CA27000;

There can be more than one multi-asset pools and the long-life asset pool is of particular significance for property businesses. We will look at the issue in a separate article.

For more information please visit Pension Payments or drop by the blog owners site Cash in Pension to get intouch

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23Aug/110

Owner of Fixtures: Elections between Lessor and Lessee

A lease can be of a building or land which is received by the lessee along with several permanent fixtures forming part of the asset. Alternatively, the lease can be an equipment lease for plant and machinery purchased by a lessor and leased out to a lessee. The plant and machinery then becomes a fixture to a building or land used for carrying on a qualifying activity.

In the case of equipment lease mentioned above, the lessor and lessee can jointly elect to treat the lessor as the owner of the fixture provided certain conditions are met. These conditions are:

  • The lessee is carrying on a qualifying activity and the leased equipment is used in this activity
  • The lessee would have been entitled to claim PMA if that person had incurred the expenditure for providing the equipment
  • The plant and machinery becomes a fixture by being fixed to land that is neither a building nor part of a building
  • The lessee has an interest (including lease) in the land
  • The lessor is entitled to sever the fixture at the end of the lease period and the severed fixture can then be used at another premises for the same purpose
  • Under the lease agreement, the lessor will own the equipment on its being so severed
  • The lease is one that comes under the category of an “operating” lease (as distinct from a “financing” lease) and
  • The plant and machinery is not intended for use in a dwelling house

A similar election can be made where:

  • An energy services provider provides plant and machinery that becomes a fixture in a relevant land
  • The client of the provider has an interest in the relevant land and the provider doesn’t have such interest
  • The provider or a person connected with the provider operates the plant and machinery for the client and
  • The plant and machinery is not provided for leasing or for use in a dwelling house

If elections are made as above, the lessee (or client in the case of energy services) will not be treated as the owner of the fixture under section 176 of the Capital Allowances Act 2001 for claiming PMA.

For more information please visit Pension Payments or drop by the blog owners site Cash in Pension to get intouch

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23Aug/110

Plant and Machinery Allowances and Fixtures

Plant and Machinery Allowances (PMA) can typically be claimed only by the owner of the asset. However, in hire purchase contracts, the hirer can claim PMA on the hired asset even though legally that person is not yet the owner. The legal owner, the person who buys the asset and hires it out, cannot claim PMA.

The case with fixtures is also similar. Fixtures are attachments to buildings or land that are considered permanent and provide a lasting improvement to the building or land. If the building or land is leased out to a lessee and the latter incurs expenditure on adding such a fixture, that person is not legally the owner of the fixture.

However, in such a case, fixtures legislation allows the lessee to claim PMA on the fixture. Even if the expenditure on the fixtures is incurred by the lessor, that person might make a joint election with the lessee under CAA01/S183 (1)(e) whereby the lessee becomes entitled to claim PMA on the fixture. Fixtures legislation treats the lessee as the owner of the fixtures in such a case and disallows the lessor from claiming PMA on the same fixtures.

A fixture is different from chattel. Chattels are also tangible just like fixtures. However, they are moveable and have not been affixed to the building or land. Even chattels can become fixtures once they are fixed to the immoveable property on a permanent basis to improve the property. For example, a central heating system that has not become part of the building is considered a chattel (it can still be moved to another building and fixed there, for example).

Even though tenant’s fixtures, i.e. fixtures affixed by the tenant to the immoveable property is distinct from landlord’s fixtures in that the tenant can remove these fixtures when that person leaves, the distinction between tenant’s and landlord’s fixtures is not relevant in the context of fixtures legislation.

For more information please visit Pension Payments or drop by the blog owners site Cash in Pension to get intouch

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22Aug/110

Pension Payments: Annuity

Pension payments are the process whereby a pension pays out from the fund you have accumulated to you through one of the main methods of taking benefits from your pension such as a tax free lump sum, annuity payments or drawdown.

Each of these has varying limits and rules on how they work and what you can do with them in terms of pension payments and are explained below.

Tax Free Cash Lump Sum Pension Payments

When you reach the age of 55 you may at any time take 25% of your fund as a tax free cash lump sum. Once you have taken the full tax free cash your pension is considered crystallised and you may not take any further tax free cash from it unless you make further contributions to your fund.

Although this is pension payments in terms of annual income, the 25% tax free cash is a payment in that it is paid directly to you and you are free to use it however you wish.

You may even take the 25% at stages and not all at once meaning you may if you desire create your own type of pension payments from it by taking small bits at a time such as 5% a year for 5 years until you require further income.

Pension Payments: Annuity

Annuity contracts are the traditional way for pension payments to be made but since the budget report this year are now no longer required by law to be taken by the latest date of 75 and you may instead receive your pension payments in one of many other forms.

In essence, pension payments in annuity is a contract between you and an insurance company whereby you sell your pension fund to them in exchange for series of set pension payments from them.

The pension payments you receive from an annuity will depend on the annuity rates you when you take an annuity, the age you take an annuity at, the size of your fund to name a few. For a full list it is appropriate that you inquire from a suitable independent financial adviser and seek their advice on your retirement options and what pension payments you may be able to receive.

Pension Payments: Drawdown

Drawdown can be split into either capped or flexible drawdown when you are looking to take your pension payments. To take flexible drawdown you will require an annual income of over £20,000 from your relevant income and as such you should contact a financial adviser to see if you qualify for it.

However, most people will only qualify for capped drawdown which limits the amount of pension payments you can take from your pension fund to 100% of the appropriate GAD limit at that time.

With the removal of the need to buy an annuity by the age of 75 this option has proved a viable alternative for those who do not wish to sell their pension to an insurance company and instead prefer to keep it in their own pension fund whereby they can receive direct pension payments.

There are of course risks with drawdown of pension payments such as the possibility that you may use up all of your fund before you retire which is not possible with an annuity but it is not without its positives.

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12Aug/110

How to Take Pension Release Guide

Pension release allows you to access money you have saved for your pension before you retire, or before the full term of your pension is up. It doesn't matter if you have a private or company pension, if you are over 55 and have over £8,000 in your pension fund, pension release may be possible for you.

 

Up until recently pension release could be taken by anyone from the age of 50, but with the ageing British population placing a strain on the pension market and National Insurance Contributions barely managing to meet the demand of the State Pension, the Government decided to increase the minimum retirement age to 55 meaning that pension release can now only be taken from that age.

But what is Pensions release?

It is the method of releasing a tax free lump sum of up to 25% of your pension to use in manner that you desire, though the FSA do suggest that this only be taken before retirement if you really do need the cash for something you urgently need such as repaying debt so please consider it carefully before proceeding as it may harm your income at retirement.

Once you have released up to the maximum 25% of tax free cash available through pension release you may re-invest the residual fund into a new provider that best suits your needs and circumstances that you may discuss with a qualified financial advisor to receive the best advice possible. However, you may not re-invest the amount with your current provider, taking early pension release involves transferring your pension payments away from your provider in order to take the tax free lump sum.

To take pension release you will need to contact an advisor (as mentioned above) who will then guide you through the process and do the leg work of getting it done for you. You will be shown how much money you can release and how best to use the remaining sum in your pension for an income while taking into account your entire financial situation to ensure you are not unduly disavantaged at retirement.

If you require help with Sell Pensions or Selling Pensions please get intouch with our IFAS

You will receive recommendations on how to draw this income (which can be taken as either an annuity or as income drawdown) monthly, quarterly, six monthly, or yearly which can be taken at a later date or immediately should you decide. It is worth noting that there is now no age limit by which you must commence taking an annuity with your pension, so you can decide to take it when you are much older than you are now, if at all.

Please note however that pension release is not for everyone and you should only consider it as a last resort to gain access to the maximum 25% tax free lump sum from your pension. Please ask your advisor for any advice about whether you would be a suitable candidate to take pension release.

For more information about Pension PaymentsLump Sum Pension | Cash Pension Release

 

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