Can I cash in my pension?

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  • bilbo51
    bilbo51 Posts: 519 Forumite
    Steve_k wrote: »
    Hopefully this sheds a little more light on it for you.
    Well, no. It sheds no light whatsoever I'm afraid.
  • Bigsmak
    Bigsmak Posts: 188 Forumite
    First Anniversary Combo Breaker
    Steve_k wrote: »
    Many thanks for the response Aegis and Proxy, It's an opinion and you are more than entitled to it.

    I have often found that wealth creation is so rarely about having enough money to start, or not
    having the right opportunities, but in fact mindset! Rather than shooting something down before having an idea of what something is, perhaps a more open minded response would be to ask exactly what it is first, and then look into it, before making a decision?

    For those of you that are interested, i will explain a little bit about it...

    Under normal circumstances you are correct as HMRC have bounced the PRP plans, but this is NOT a pension reciprocation plan- there is only one company that is Finance Act 2011 approved as it uses statute law via commercial purpose trusts- therefore by changing the environment it is held under and creating a surplus within a trust structure that has been around for 20+years, (one that is known and accepted by HMRC and House of Lords which has NEVER been taken to first level tribunal) you are able to liberate the value to a tax free environment and invest in any arena.

    Hopefully this sheds a little more light on it for you.


    em...

    Their opinion seems to be supported by fact.

    Your opinion does not (as you have not provided any and if you have any, it would be good to post it)

    Please tell me that you don't work for a company that helps people take cash out their pension and you are selling this to people having only ever been trained by 'said company' and not actually as qualified as Aegis who is an IFA and will have to be a very qualified for his job?
    I work in finance

    Anything posted on this forum is for discussion purposes only and should not be considered financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser who can advise you after finding out more about your situation
  • atush
    atush Posts: 18,726 Forumite
    Name Dropper First Anniversary First Post
    And I presume Steve is here to drum up business?

    You'd have to be a Numpty to take his 'advice'.
  • Actually, no, I have nothing to do with it, I just know it can be done.
    Anyway, as I said... Yes they are correct, and their facts back it up... However, as I also said, this is not NOT a pension reciprocation plan!!!!

    No skin off my nose though
  • Aegis
    Aegis Posts: 5,688 Forumite
    Name Dropper First Post First Anniversary
    Steve_k wrote: »
    Actually, no, I have nothing to do with it, I just know it can be done.
    Anyway, as I said... Yes they are correct, and their facts back it up... However, as I also said, this is not NOT a pension reciprocation plan!!!!

    No skin off my nose though
    These things can be done. The problem comes later down the line when HMRC find out about it and ask for their unauthorised payment charges and surcharges. At that point you typically find that the scheme provider has scarpered with their commissions, leaving the recipient responsible for a large bill on the money they actually managed to get out.

    There is no legitimate way for a UK resident to gain early access to their pension other than through a) terminal illness or b) long-short coupling that works out in the right direction, as discussed above.
    I am a Chartered Financial Planner
    Anything I say on the forum is for discussion purposes only and should not be construed as personal financial advice. It is vitally important to do your own research before acting on information gathered from any users on this forum.
  • Can I buy someone else's pension and transfer directly into my SIPP?

    Thanks

    Can I cash in my pension?

    First, the background:

    A pension scheme is a tax deferred savings vehicle that allows for the tax-free accumulation of a fund for retirement. Like many tax-free arrangements, they have legal rules attached to them. In the case of pensions, these rules firmly dictate the age, circumstances, and method by which the fund can be drawn. More specifically, these rules (with very few exceptions) mean that the fund cannot be drawn until age 55, and, even then, not entirely as cash.

    So, can I cash my pension before 55?

    For the majority of people, the answer is no. The only possible way to access your pension before this is if you have to retire due to serious ill health. There are also a few pension schemes (e.g. for specific groups like professional footballers or the armed forces, or there may be a previous right to pension from age 50 in the scheme rules) that do allow it - you should read your pension scheme T&Cs.

    But there are companies offering to cash in my pension now...

    These companies are flouting the regulations and should be avoided. You have to transfer your pension to the company involved, so the returns are almost guaranteed to be non-existent or even negative and the fees for the transfer will be steep. Added to that, HMRC will likely charge you 55% of the value of your loan in tax at some point (probably long after the loan has been spent). And, you still have to pay back the loan!

    So when can I cash in my pension?

    You can usually take your pension from age of 55. You can normally choose to take up to 25% of your pension pot tax free, sometimes more depending on the scheme. The rest of your pension can be used in a number of ways, such as buying an annuity.

    Some pensions will have penalties for taking it this early and require you to take it at a certain age, such as final salary pension schemes. These schemes may also have complicated rules relating to Guaranteed Minimum Pension (GMP) that restrict the amount of cash available.

    If your overall pension pot (so the total of all your pensions), add up to less than £18k or 1% of your life time allowance, you can take it all as cash and 25% will be tax free (i.e 75% will be taxed at your marginal rate of tax). There may be pension schemes wound up that also have similar rules applied.

    However, you should plan to have more than this amount, otherwise you will be living very poorly during retirement.

    Why should I bother putting money into a pension?

    Although pensions have the above restrictions, they also have their benefits. A lot of companies offer to put money into your pension pot, which is essentially free money for your retirement.

    You also get tax relief on your contributions. So if you want to put in £100, you'll only actually see £80 taken out of your pay packet for 20% tax payers, and £60 for 40% tax payers.

    How much should I put into my pension?

    The answer is basically - you get out what you put in. Martin Lewis has a small guideline that you should be putting half your age as a % of your gross salary. So if you start pension saving at 20 you should aim to put 10% of your gross salary away - this can include company contributions.

    There are many pension calculators out there, however makes it clear what you could get at retirement - however, remember it's a prediction and isn't guaranteed.[/QUOTE]
  • I may of accidentally posted on top of someone else's comments in an earlier post...

    If I wanted to buy someone out of there pension could I legitimately transfer it in to my SIPP?
  • No, because AFAIK you can't buy their pension!

    However, I'm sure the Pension experts will explain further (and forgive me if I am wrong!).
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • dunstonh
    dunstonh Posts: 116,312 Forumite
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    No, because AFAIK you can't buy their pension!

    Correct.

    1 - a pension isnt yours to sell
    2 - it is not tradeable.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • I think the scheme Steve k refers to has crossed my desk in the past.

    To put some meat to the bones, assuming it is the same scheme the structure is:

    Stage 1 - A UK company is set up for the single purpose of holding pension funds with the member as sole owner and director/secretary. A trust is also set up for the benefit of that company's employees by the individual.

    Stage 2 - UK company sets up UK pension. The individual, as the solitary employee of the company, becomes the solitary member of the pension scheme. The individual then transfers all their pension schemes to this pension scheme.

    Stage 3 - The individual then surrenders all their rights under the scheme.

    Stage 4 - The company receives this surplus as a payment to the trust and makes a loan of this amount to the individual.

    This isn't exactly the same thing as a pension reciprocation plan and that is a very basic explanation.

    The legal opinions I've seen suggest this works within the rules, at least for now. The issue, which I think has been highlighted above, is that as soon as any scheme of this type reaches a tipping point in terms of popularity, HMRC takes steps to close the door.

    I don't know the identity of the company or companies promoting the plan as the information I received had been cleaned to remove these details for reasons I won't speculate on....
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